Amendment to suit filed

Karthik Mookkiah (Querist) 21 November 2011 This query is : Resolved
Sir,
We have applied for Injunction Order for a land in dispute. I live outside the state and was not able to completely read the case that my lawyer filed, now i see that there is a factual error in the petition filed and the lawyer of the other party has challenged this in his reply.

While this was purely because of communication errors, can we file an amendment/correction on our petition.

My lawyer is advising me to press for self-dismissal and file a new case. Let me know what are my options here

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M.Sheik Mohammed Ali (Expert) 21 November 2011
yes, you can file amend petition, same time that error bonafida must have.

Karthik Mookkiah (Querist) 21 November 2011
Thank you Sir,

Can you please brief me on Error Bonafida...

M.Sheik Mohammed Ali (Expert) 21 November 2011
you mentioned factual error that error must be good intention

Sankaranarayanan (Expert) 21 November 2011
yes you can,

ajay sethi (Expert) 21 November 2011
you will have to take out an application for amendment of plaint

prabhakar singh (Expert) 21 November 2011
Yes! i agree with opinion expressed.

Karthik Mookkiah (Querist) 21 November 2011
Thank you all.

Shailesh Kr. Shah (Expert) 21 November 2011
amendment would be best, if clerical mistake rather press for self-dismissal and file a new case.

prabhakar singh (Expert) 21 November 2011
Most welcome.

Karthik Mookkiah (Querist) 21 November 2011
Mr.Shah,

Thanks for the reply.

Will self-dismissal act in favor of the opposite party if i file a New case.