citation required

Amarita Kaur (Querist) 09 September 2010 This query is : Resolved
Dear Sir
We had filed one recovery suit few years back. After filing of the suit some payment was made. We also filed replication. Now at the time of final arguments the opposite counsel has raised objection that we were required to file amended pleadings stating the new amount outstanding.
Please supply some citation stating that not filing amended pleadings doesnt mean that we the other party is not liable.
Regards

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Amarita Kaur (Querist) 09 September 2010
also suggest if SPA is not notraised does that mea tht its ot a valid documet filed at court.

adv. rajeev ( rajoo ) (Expert) 09 September 2010
During the pendency of the suit amount is paid. As such you can claim the balance amount. It is not necessary to amend the plaint you can file memo for receipt of money during the pendency of the suit.

s.subramanian (Expert) 09 September 2010
It is enough if you admit such payment and adduce evidence for the same. the court can record the same and decide the suit.no need for any amendment for this purpose.

Amarita Kaur (Querist) 09 September 2010
Thnx for ur valuable advice.
Please also provide me with sime citation to this effect,
Regards
Amarita

R.Ranganathan (Expert) 09 September 2010
No need of citations for this. The court will itself award the balance amount after deducting the payments admitted by you.

Rajeev kulshreshtha (Expert) 09 September 2010
The facts you placed is amounts to subsequent event. On subsequent event there is a apex court judgment cited in 2002(3) Civil Court Cases 155.According to that judgment the subsequent events of facts can only be introduced by way of amendment of pleading.

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