O.6 R.17 Amendment

Querist : Anonymous (Querist) 19 July 2011 This query is : Resolved
R/experts,
My query is as follows,
I have filed simplisiter injunction suit alongwith temporary injunction application.The lower court grant temporary injuction application.By aggrieved with the order defendant filed Miscellaneous Appeal and the record and proceeding of lower court have called by Appellate Court.
Meanwhile at the stage of final hearing of Misc.Appeal, appellant/original defendant stating that the old survey no.202 of the suit property is not owned by respondent/original plaintiff.Appellant taking this type of stand because plaintiff pleaded this no. in his plaint.But actually position is that,plaintiff is owner of Survey No.201,due to typographical mistake survey no. 202 has been typed.Appellant taking disadvantage of this mistake.
Now plaintiff wants to amend his plaint but the R/P is in appellate court and amendment is plaint is essential.
Can plaintiff file application of amendment before Appellate Court?

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Y V Vishweshwar Rao (Expert) 19 July 2011
The Type Mistake - or - inadvertence mistakes can not take away the rights of the party - when Your Title Deed is supporting the Sy No;- 201 in stead of Sy no;- 202 - you are absolutely entitled to correct the type mistake by amendment - Pending CMA also you can file the Petition for amendment u/o 6 Rule 17 CPC - let the petition be pending before lower court and file a memo in the Appellate court that you have filed a Petition for amendment and file copy of the petition and also request the appellate court to call for a report on the application pending for amendment before the lower court. Request the appellate court to adjourn the CMA till the amendment petition is disposed in the lower court.

( Y V Vishweshwar Rao advocate Warangal AP )

Y V Vishweshwar Rao (Expert) 19 July 2011
In all cases boundaries will prevail - Boundaries can identify the Property - wrong Survey Number may not take away the rights of the party !

niranjan (Expert) 19 July 2011
Since the record is before the appellate court you can file amendment application before appellate court.

Satyendra Kumar Pandey (Expert) 20 July 2011
Mr. Y V Vishweshwar Rao, I know that the boundary prevails to identify any property. can you please provide the citation of that rulling.

The amendment is file in appellate court as the file is there.

prabhakar singh (Expert) 20 July 2011
Amendment can be moved before appellate court.

Y V Vishweshwar Rao (Expert) 22 July 2011
Dear S K Pandey i will locate the Citation and inform you ! - it will take a little time !

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 July 2011
yes it very important that you must move application for amendment in lower court , many friends do the mistake of doing amendment at appeallate stage which even by mistake is allowed will be fatal in further revision or appeal.

Regarding amendment in pleading prior to judgment is basic right since by amendment you want to inform the opponent your case for which the opponent will have opportunity to contest in trial.