Definition
Querist :
Anonymous
(Querist) 25 December 2011
This query is : Resolved
Amendment in the main plaint sought U/O VI R 17. Prayer for adding two paras with Medical Certificate which could not be presented earlier. The other side Adv. objected :1) Amendment is not addition. 2) Amendment cannot be made after Affidavit of Exam in Chief.
Opinion is that amendment can be made even at appellate stage.
Pl held in providing study on the word "amendment" and SC citation on amendment even at appellate stage.
prabhakar singh
(Expert) 26 December 2011
You are requested to be guided by following judgement.There are subsequent judgement too.
Salem Advocate Bar Assn. v. Union of India [(2005) 6 SCC 344]
The others are:
Shri Ashok Kumar Matta vs Smt. Indira Gulati And Ors. on 19 October, 2006
Rethinam Alias Anna Samuthiram ... vs Syed Abdul Rahim on 1 March, 2005
The State Of Maharashtra vs Sitaram Narayan Patil on 10 February, 2010
Thimmai Venkatachalam vs R.D.Sigamani on 3 August, 2010
Nelloli Sainaba Beevi, W/O. ... vs M/S.T.P.Bricks And Potteries on 15 June, 2010
Malik Basha vs Soukath Ali Khan on 22 March, 2010
Gurjit Singh vs Kuldip Singh And Another on 11 May, 2010
Jagadamba vs Gujarat on 13 May, 2010
M/S. Power Electronic Engineers ... vs M/S. Gtz (India) Pvt. Ltd on 24 March, 2010
AND MANY MORE ARE THERE BUT Salem Advocate Bar Assn. v. Union of India [(2005) 6 SCC 344] STATES THE LAW AFTER AMENDMENT OF CPC IN 2002 IN A VERY LUCID MANNER.
R.Ramachandran
(Expert) 26 December 2011
Dear Valentine Thakkar,
In Laxman v. Keshaorao 2000 AIHC 3954 (Bom.) : 2000 (4) Mah LJ 482, it was held that "the Amendment of plaint could be effected at any stage of the proceedings irrespective of the fact that the hearing was complete. The amendment sought by the plaintiff in regard to his ownership over house and site in dispute after evidence on that point was led by the parties. The pleadings in respect of the ownership were already made by the plaintiff. The defendant could not be said to have been taken by surprise by the amendment. The order allowing application for amendment was proper."
The P&H High Court has held in AIR 1996 P&H 107 that the following principles should be kept in mind in dealing with the applications for amendment of the pleadings:
1. all amendments should be allowed which are necessary for determination of the
real controversies in the suit;
2. the proposed amendment should not alter and be a substitute of the cause of action on the basis of which the original lis was raised;
3. inconsistent and contradictory allegations in negations to the admitted position of facts or mutually destructive allegations of facts would not be allowed to be incorporated by means of amendment;
4. proposed amendments should not cause prejudice to the other side which cannot be compensated by means of costs;
5. amendment of a claim or relief barred by time should not be allowed;
6. no amendment should be allowed which amounts to or results in defeating a legal right to the opposite party on account of lapse of time;
7. no party should suffer on account of the technicalities of law and the amendment should be allowed to minimize the litigation between the parties;
8. the delay in filing the petitions for amendment of the pleadings should be properly compensated by costs;
9. error or mistake which if not fraudulent should not be made ground for rejecting the application for amendment of pleadings.
Querist :
Anonymous
(Querist) 28 December 2011
Respected Prabhakar Singh and R. Ramchandran,
Thanks a load for providing very useful info. This will indeed remove all doubts about amendment and make the case extremely clear. Thanks again..
Devajyoti Barman
(Expert) 28 December 2011
If the suit is filed after 2002 then amendment is no more possible.
Do read those decisions for better appreciation of the laws on amendment.
Querist :
Anonymous
(Querist) 29 December 2011
Whether amendment is addition also? The definition of the word amendment.
Dear Devajyoti Barman, the citations from SC are after the amendment and some of them date as recent as 2007, 2008 and 2010 wherein it is asserted by the SC that amendment should be liberally allowed for better judgment.
prabhakar singh
(Expert) 29 December 2011
According to me any change sought to be made by ADDITION,DELETION,OR SUBSTITUTION would be called amendment.
