Writ prayer amendment

vinay singh (Querist) 06 September 2023 This query is : Resolved
Eight petitioners filed writs in the high court; now, four petitioners want to change the modification to the prayer; what are their options?

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T. Kalaiselvan, Advocate Online

(Expert) 08 September 2023
In legal parlance, there is no strict rule or any interpretation regarding amendment in prayer, but this has become judicial precedent that after service of the notice, there cannot be amendment in prayer, but there might be instances where amendment was necessary for addressing controversy fully or meeting the needs
It is settled law that the amendment can be allowed if it can be made without injustice to the other side.

N.K.Assumi (Expert) 09 September 2023
With due respect I beg to differ from the opinion of the expert T. Kalaiselvan, Advocate. In a writ proceedings amendment in petition can be made at the hearing stage but not after the conclusion of the hearing. In other words, any amendment to the petition should be made before the hearing, and this hearing includes pending appeal in the Supreme Court.

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