Corrections in counter affidavit filed.

Querist : Anonymous (Querist) 23 October 2010 This query is : Resolved
Dear Counsels,

Is it possible to for a defendent in a civil case to rectify certain statements made in his counter affidavit filed by him.

Does Order 6 rule 17 of CPC apply for this case. Will the objection of after thought be considered although the defendent is not going to make any inconsistent statement. Kindly clarify.

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bhupender sharma (Expert) 23 October 2010
no it is not applied to the afidavits. U may file a additional affidavit in this respect.

Khaleel Ahmed Mohammed (Expert) 23 October 2010
Order 6 Rule 17 C.P.C. reads as follows:-
"The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties."

It is settled law that normally amendment of pleadings are to be liberally
allowed except they fall under certain of the exceptional circumstances under
which amendment of pleadings can be disallowed. In JAGADISH & OTHERS Vs. HAR
SARUP (1) it was held that the amendment of plaint within the meaning of Order 6
Rule 17 C.P.C. includes amendment even at the appellate stage. (See also
KONDURU SESHU REDDI Vs. VEMAREDDY RAMA RAGHAVAREDDY AND OTHERS (2). This

adv. rajeev ( rajoo ) (Expert) 23 October 2010
You cannot make any amendments to the affidavit.

Devajyoti Barman (Expert) 23 October 2010
In which stage the suit is at present? This is because after the amendment of CPC in the year 2002, the pleading can not be amended after the suit is fixed for hearing.

s.subramanian (Expert) 24 October 2010
Even after the commencement of trial, amendment can be sought and obtained.Only thing is that the leave of the court has to be sought at that stage.

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