Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arjun   15 June 2017

Amendament petition

Hi All,

Petitioner is plannig to submit amendment petition after the chief affidavit.

Is it acceptable? Can the respondnet object it?r answers

What will be the value of the chief affidavit after the amendment petition?

Pls reply with you

Thanks,

Arjun



Learning

 2 Replies

Ms.Usha Kapoor (CEO)     16 June 2017

Amendment  petition  is allowed after chief Affidavit. but before trial it is allowed unless exigencies of the case demand.

Order 6 rule 17 CPC:

Amendment of pleadings.–

The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:-

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

 

Arjun   17 June 2017

Thank you Usha Kapoor.

Chief affidavit filed 4 months back and the petitioner skipped the cross examination with silly reasons during these 4 months( almost 4 to 5 times they asked for time). Now they are telling they will submit amendment petition.

From your explanation, I understood that, they can file the amendment petition.But they wasted 4 months of valuable time and trying to drag the case with this amendment petition.They should be responsible for that.

With this reason, can i object their petition or ask them for the loss I had for the lost 4 months?

Please reply with your valuble suggestion.

Thanks again,

Arjun


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