Mistakes in main plaint, how to correct plaint
mohit
(Querist) 19 August 2015
This query is : Resolved
suit for partition and cancellation of illegal sale deed
case was filed in the year 2009
present stage of case : marking of documents
there are many mistakes in main plaint
such as property first owner written as grand father of plaintiff, but property first owner was great grand father of plaintiff
not mentioned ancestral property, and we have all document related to ancestral property
one sale deed was executed by plaintiff father, without knowledge of plaintiff he sold few extent of property along with his brothers, in single document (to save registration fees in single document all (3)together sold the property).
now in the main plaint it was written as to cancel the part which was owned by plaintiff father, but it was not mentioned to cancel the entire sale deed document
now i asked local advocates they suggested me continue the case, don't go for amendment, body of the main plaint will change, in the cross examination, you can correct all this mistakes, reason was since 2009 (almost 7 years) what you were doing? this question will arise
sir according to me base of the case (main plaint) is not clear how it can stand, at the time of judgement this will come into picture and case will not be in favor of plaintiff
sir/Madam guide what to do now
rajagopal.s
(Expert) 19 August 2015
You can request your advocate to file an amendment of plaint petition under order VI Rule 17 of CPC
Advocate Bhartesh goyal
(Expert) 19 August 2015
You should go for amendment in plaint else you have to face problem of variance between pleading and proof.
Rajendra K Goyal
(Expert) 20 August 2015
Agree with the expert Advocate Bhartesh goyal.
