Permissibility of amendment in prayer clause

Ashesh Singh (Querist) 20 September 2022 This query is : Resolved
I have filed a Civil Misc. Appeal before the High Court against the order passed by the District Judge. I need to add relief in the prayer clause of the stay application. The reason is only that the prayer clause as it stands is not properly worded and one relief has been left out inadvertently which in ordinary course seems very reasonable and it in no manner changes the nature of the appeal/stay application. I believe that such amendment is permissible under provisions of CPC. I would be highly obliged if experts on civil side may be gracious enough to provide proper guidance and suggestions. Regards

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This discussion explores the permissibility of amending the prayer clause in a stay application filed as part of a Civil Misc. Appeal. The consensus among legal experts is that such amendments are generally allowed under Order VI Rule 17 read with Section 151 of the CPC, provided court permission is obtained. The applicant is advised to file a formal application for amendment, and guidance is offered on suitable titles for this application.

kavksatyanarayana (Expert) 22 September 2022
In my view, you may add a relief prayer with the permission of the court.

Advocate Bhartesh goyal (Expert) 23 September 2022
Yes, amendment can be made with permission of court.

Ashesh Singh (Querist) 24 September 2022
Thanks for your response. I am preparing to file the application with title "Application for amendment in prayer in Stay application under O. 6 R. 17 read with Section 151 CPC". Experienced one's confirmation about its correctness would be very helpful or if any other better suited title is required then kindly suggest the same. Regards

Dr J C Vashista (Expert) 25 September 2022
I agree with the opinion and advise of experts, you can amend the prayer clause of appeal u/o VI Rule 17 CPC.

Ashesh Singh (Querist) 27 September 2022
Many thanks to the experts for being kind enough to provide their able guidance. I am a fresher and have been practicing since past 3 years, so if there are any other relevant factors i should be careful about with the application procedure then please let me know. I can use all the help and with variety of experts this is the perfect platform. I realize that some of my repetitive and clarification seeking queries may seem very obvious to most of you, but i would request you to be gracious enough to forgive my ignorance. Thanks once again to all. Regards

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