How to amend the suit after order passed by the Hon'ble court
(Querist) 31 July 2008
This query is : Resolved
dear Sir mam The Hon'ble court has passed the order the application of bringing legal heirs on recored after plaintiff died on 2/3/2008. With all due respect i need to know how to make the suit with this amandment? would u pl instruct me please thank u
You should make the plaint verbatim with respect to the averments but in the place of plaintiff you should bring the names of the legal heirs and in bracket you have to mention the as per the order of this Hon'ble Court in I.A.No.____ of ____ dated ______ and carry out the amendment. This copy in green has to be filed in the court and you have to carry out these amendments in the old plaint copy when the matter is called and get the old plaint copy and where ever the plaintiff name appears you have to insert the name of the legal heirs and other changes you made in the plaint. This is referred as APC - Amended Plaint Copy in our court practice.
(Expert) 01 August 2008
This exercise as mentioned above is not required to bring LR's on record.
You have to just amend the title of suit by incorporating their names after the name of plaintiff. You should insert the numbering like 1/1, 1/2, 1/3..... for all the LR's. Name of plaintiff shall not be deleted. You are not required to rewrite the matter of plaint since Matter of plaint shall remain same
(Expert) 06 August 2008
Immediately you should file an application to amend the plaint mentioning that 1. after the Plaintiff's name add (died on 2.03.2008), 2. after the Plaintiff's name add the names of LRs and after that last name add (the LR's of the deceased plaintiff were added as Plaintiffs as per teh order in IA /2008 dated ), 3. befoe the cause of action para add another paragraph mentioning the date of death of the plaintiff and impledaing orders and in the cause of ation para add and on 02.03.2008 when the plaintiff died leaving the Plaitnffs as his legal heirs and on (mention the date of order)when the LR's of the plaintiff were impleaded