Can you amend a prayer of a plaint?

Syed Jawad Quader (Querist) 26 January 2011 This query is : Resolved
I want to amend the prayer portion of a plaint I filed recently. Is it possible? Would someone be kind enough to oblige me with a format for such an application for amendment of plaint, if any? Thank you.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 January 2011
Yes, amendment of plaint means amendment of any portion of plaint includin prayer portion. You have to state the reason for amendment with schedule of amendment.

Syed Jawad Quader (Querist) 26 January 2011
thank you very much. :)

adv. rajeev ( rajoo ) (Expert) 27 January 2011
You can amend the plaint but it should not change the nature of the suit.

G. ARAVINTHAN (Expert) 27 January 2011
Amendment can be made under Section 163 of C.P.C and Order VI Rule 17 of C.P.C

Syed Jawad Quader (Querist) 27 January 2011
thank you very much for all your inputs. much appreciated.

Guest (Expert) 27 January 2011
aravind sir there is no section 163 in c.p.c. kindly check

Amit Minocha (Expert) 27 January 2011
amednment of pleadings can be done under order vi rule 17 cpc but upto a ltd stage

Syed Jawad Quader (Querist) 27 January 2011
I understand that amendment of pleadings under Or. VI R 17 can be done at any stage before the final argument.

A. A. JOSE (Expert) 27 January 2011
Right, you can amend the prayer clause under o.6, r.17 at any stage.

Satyendra Kumar Pandey (Expert) 27 January 2011
you can amend the plain at any time but it is under the preview of Or VI R.17,
and in no case change the nature of the plaint.

AMAR RANU (Expert) 27 January 2011
There is no 163 section in CPC.
You can not amend your plaint if the trial is set in motion i.e issues are framed.
At any stage is a misnomer advice.

Kirti Kar Tripathi (Expert) 27 January 2011
Under Order VI Rule 17, you can amend your pleadings as well prayer at any time. Only restriction is that scope of pleading should not be enlarged.

J K Agrawal (Expert) 30 January 2011
Dear Sirs
Amendment is possible before sattlement of issues without any restriction at discretion of the Court but after that amendment is subject to restrictions stated in proviso of o vi r 17.You have to prove that even after taking due deligence,you could not raised the matter before.

Arvind Sehdev (Expert) 30 August 2012
its section 153 not 163

Sections 153 CPC :

"153. General power to amend.

The Court may at any time and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit, and all necessary amendments shall be made of the purpose of determining the real question or issue raised by or depending on such proceeding."

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now