Amendment of divorce suit at the stage of appealappeal

Prakash (Querist) 31 October 2012 This query is : Resolved
Ld Counsels,

Is it possible to take an alternative prayer in appeal of a divorce suit, suit for divorce was filed if the same was rejected can an alternative prayer for annulment of marriage be made during appeal.

Kindly clarify the provision of law for amending original suit in appeal.

Thanks in advance

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adv. rajeev ( rajoo ) (Expert) 31 October 2012
In my opinion you cannot.

V R SHROFF (Expert) 31 October 2012
You are talking of another cause of action:

For that separate Petition need be filed.
Appeal will decide ur evidence, cause, or ant illegality in previously decided case only.
So u cannot.

Devajyoti Barman (Expert) 31 October 2012
After the amendment of CPC in the year 2002 , it is no more possible after hearing of case.However the same may be possible if the suit was filed prior to the year 2002.

Prakash (Querist) 02 November 2012
Ld counsels,

Thanks for the response. What would be the ideal time to amending the prayer. Can it be done just prior to the final arguments of the divorce petition before the trial court .

thanks.

Nadeem Qureshi (Expert) 02 November 2012
agree with experts

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