Execution proceedings
S. Fernandes
(Querist) 16 June 2015
This query is : Resolved
Respected lawyers,
Sir,
I am a decree holder representing myself in the execution proceedings.
In said execution proceedings I have attached property belonging to the judgment debtors.
A third party filled objection to the attachment under rule 58 of order 21.
I replied to this third party application..
I subsequently realised that I had ommited some important pleadings, hence I filed an application to ammend my reply. In this application I stated that the ammended reply is attached as annexure-a with all ammendments underlined for easy reference, and craved permission of the court to allow the ammendments.
The application for ammendment was taken on record and copy given to opposit party for say at next hearing fixed for 19.6.15.
I have today learnt that the opposit party has taken objection to my application for ammendment on grounds that the same is not per procedure and deserves tobe dismissed.
Can you please advise me:
1. Section of CPC that gives procedure/format for asking ammendments.
2. What can I do to remidy this situation.
much thanks.
P. Venu
(Expert) 17 June 2015
CPC provides only for amendment of pleadings, not applications of this nature.
You seek leave of the Court, under Section 151, to withdraw the present application and file a fresh one.
S. Fernandes
(Querist) 17 June 2015
Thank you sir for your reply.
S. Fernandes
(Querist) 17 June 2015
if I may which section of CPC deals with ammendments???
Dr J C Vashista
(Expert) 18 June 2015
Dear Ld. Mr. S Fernandes,
As rightly advised by expert Mr. P Venu, which I fully agree and appreciate, it is the pleadings and not the application which can be amended (OR. VI R 17 CPC). There no such provision to amend IA. However, as rightly advised by Mr. P Venu, an expert on the subject, file an application u/s 151 CPC and withdraw your application with liberty to file afresh.
Biswanath Roy
(Expert) 21 June 2015
You bungled up the whole proceedings by filing an application for amendment of your reply. You should have challenged the maintainability of the petition filed by the third party allegedly under order 21, Rule-58 CPC on the ground that the objection of the execution proceeding is designedly made and unnecessarily delayed.
Besides, you could avail the benefits of several judgements of different High Courts in your favour.
T. Kalaiselvan, Advocate
(Expert) 27 June 2015
You have been advised well by experts.
You have already filed a counter to the objection petition filed by a third party, if you have felt that you omitted certain facts which ought to have been included, you can seek permission to file additional counter and not an application to amend your reply.
