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Santosh kumar (lect)     09 May 2015

Amendment of plaint without permiion of court

Hello Experts 

I am a defendent to a sec 24 HMA case where the petitioner-wife's advocate made some amendments to the plaint without the permission of the court. Such amendments where made in the court petition and this was not done to the copy of the petition that was served to me through the court. Some of the amendments are material in nature.

In my opinion such can only be done only upon an application under Order 6 rule 17 of CPC. Without such application / or leave of the court , such amendment should be regarded as tampering of court documents . In a way contempt of court.

I discovered this amendment after I filed my written statement. And immediately got a certified copy of the plaint. 

Under what provisions can I seek dismissal of the suit for making such amendments without the leave of the court ?

I know it attracts crpc 340 , but that doesn't make a case to dismiss the case. Please explain.



Learning

 3 Replies

Hardeep (Business)     17 May 2015

If you can prove that court documents were tampered then, as you say, a case under S. 340 holds ( look at S. 195 also... ) . Does the certified copy you got evidence such tampering to the plain eye ?

 

The suit can not be dismissed on this count alone- the plaint will be considered in its earlier, untampered state while proceedings u/s 340 and judgement / penalties therein will be a seperate proceedings.

 

Santosh kumar (lect)     19 May 2015

Thanks Hardeep for the response

Yes there are certain handwritten amendments. Few places do have attestations on it and few don't. But nonetheless such amendments if done say before filing. They should be there in served copy of plaint. When I received from court. It does have a seal of court, thus its a affirmed copy. 

Also as per procedure , in my opinion a plaint should be rejected on technical grounds if found that there are differences plaint and copy of plaints during inistitution of such suit.

Hardeep (Business)     21 May 2015

Re rejection on technical grounds - if you can find such in the plaint copy you received you can certainly bring it to court's attention and let them decide. What such grounds are you thinking of citing btw and are they material ? What does your lawyer advise ? Do you have the court stamp on the specific page which has been amended or can the OP simply say you removed the amendments / attestations at your end ? 


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