Amendment under O6R17
valentine thakkar
(Querist) 28 May 2011
This query is : Resolved
The opponent has raised objections that the amendment application made and amendment proposed is not in the proper format. I understand no format is prescribed in CPC for making amendment. Can amendment be made as an attachment of the proof for matters averred in the original plaint? Is it permissible?
PALNITKAR V.V.
(Expert) 28 May 2011
There is no format as such. What you have to do is to write down the proposed amendment with reasons to justify the same and file an affidavit in support of the application. That should be enough compliance. An amendment can not be proof of matters averred in the original plaint.
pravir singh
(Expert) 28 May 2011
amendment application should be file with a prayer for all consequential amendments according to gen. rule civil as prescribed in rule 37.
Kiran Kumar
(Expert) 28 May 2011
each and every amendment shall be clearly mentioned with a proper reference to words and lines being deleted from the original plaint.
Ravikant Soni
(Expert) 29 May 2011
Go thru the apex court rulling
AIR 2002 SUPREME COURT 1003 "Gurdial Singh v. Raj Kumar Aneja"
It may help you.
valentine thakkar
(Querist) 29 May 2011
Thanx all aprticularly to mr. Ravikant Soni. Mr. Palnitkar, I have done the same and sought leave to make such an amendment and for allowing to put the docum. evidence along with it. Amendment can be made at any stage even at the appellate stage.
valentine thakkar
(Querist) 30 May 2011
Dear Mr. R. Soni,
The citation pertains to the amendment in the WS at a later stage on discovery of some fraud. This is completely a different case. It is a special one. Whereas I seek advice on the general amendment to be made in the main plaint of the applicant. I have made four such amendments in other cases, but the opponents never raised any question. But in the present case for divorce, I am replaced as advocate by the applicant and the previous learned advocate has overlooked some facts and documentary evidence on cruelty although cruelty was the main ground of the plaint. Now I want to put the med. cert. for which the applicant was asked to take treatment when she had no such mental problem. This becomes a ground of cruelty which was missed by the outgoing advocate. This is being objected by the opponent adv. on the ground that it is not submitted in the format.
