In civil when fact cleared at final argument stage

shammi sharma (Querist) 17 March 2026 This query is : Resolved
Dear sir
Some Fact in civil case cleared at the stage of final arguments. Now the question is what we should do at this stage because this fact can change the decision of case in our favour . Already we amend the plaint at the time of evidence stage but at amendment full plaint is not amended only one point amended which is not solving our case according to facts whichs we described to our advocate. now at final arguments stage we notice that our case is not according to that fact which is added by our advocate at foot notes in amendment . what we should do at this stage so that our case decision decided by facts our hands .

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Quick Summary

If crucial facts in a civil case become clear during the final arguments stage, it's still possible to address them. You can file an interlocutory application (IA) for amendment, supported by an affidavit explaining the reasons. This allows you to amend the plaint and prayer to include the new facts and desired relief. However, the court has the discretion to allow such amendments, so it's best to act before final arguments and judgment are delivered.

T. Kalaiselvan, Advocate (Expert) 17 March 2026
If you need to amend the pleadings and prayer once again for the recently discovered reasons you may once again file an amendment petition to add the desired relief.

P. Venu (Expert) 20 March 2026
You can move an IA for amendment duly supported by an affidavit explaining reasons therefore. However, allowing the amendment is at the discretion of the Court.

Dr. J C Vashista (Expert) 22 March 2026
Get the plaint amended before final arguments and judgment in the suit.

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