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Spatika   17 May 2025

Amending changes in petition

An amendment having been allowed how to exactly carry out amendments sought and allowed in the respective document, if the changes are substantial. Do I need to submit the amended document with original content to be removed striked out in red and inserting in red approved changes and submit as amended document or how to carry out amendment, can experts guide pls



 10 Replies

T. Kalaiselvan, Advocate (Advocate)     17 May 2025

The amendment to be carried out in the original petition by inserting the contents permitted by court to be amended without striking out the original contents.

The amended contents are to be endorsed in red ink in the original petition.

Subsequently an aemded petition to be filed before the concerned court.

You may discuss all such practical issues with your advocate and proceed 

R.K Nanda (Advocate)     17 May 2025

Simply file amended petition in court. 

Dr. J C Vashista (Advocate )     18 May 2025

You have stated, inter alia, that,

"...........An amendment having been allowed how to exactly carry out amendments sought and allowed in the respective document, if the changes are substantial. Do I need to submit the amended document with original content to be removed striked out in red and inserting in red approved changes and submit as amended document or how to carry out amendment..."

What is the case?

What is required / allowed to be amended?

You have mentioned an amendment having been allowed and later on stated "how to carry out amendments sought and allowed in the respective document" these are the two contradictory statements.

Can you seek / allowed amendment in a document, if changes are substantial ?

Prima facie it is a hypothetical and academic case.

What is the opinion and advise of the lawyer who have managed to get the desired amendment allowed by concerned court.

No opinion can be formed and obliged on the basis of presumption.

Spatika   18 May 2025

Dear asir,

First thanks for the guidance.

Amended petition incorporating the changes allowed in particular sections updated and submitted as AMENDED Petition is fine right sir. 

T. Kalaiselvan, Advocate (Advocate)     19 May 2025

If your amendment petition has been allowed then after carrying out the amendment you can proceed with the further course of action as per procedures of law.

Spatika   19 May 2025

Kalaiselvan sir,

Thanks for your valuable guidance.

A clarification - you have mentioned

The amendment to be carried out in the original petition by "inserting the contents permitted by court to be amended without striking out the original contents".

It is for additions inyo the document right sir?

In case of modifications - we need to strike out in red ink the contents that are to be replaced and insert the ones that are asked for to be included. Is that correct sir?

 

 

T. Kalaiselvan, Advocate (Advocate)     20 May 2025

Don't be confused.

Remember thgat you are seeking to add certain contents in the form of an amendment and not to delete the existing contents.

You will be permitted to add the new contents to be inserted in the original plaint/petition by red ink, it does not means that the existing contents are to be deleted.

The original contents will remain as it is in the original plaint.

After carrying out the amendment as stated above, you will be permitted to file the amended copy of the plaint/petition which will be part of the back bundle of  your case in the court .

 

1 Like

Spatika   20 May 2025

Thanks kalaiselvan sir for getting back and giving clarity for the point asked.

Thanks to other experts for giving your inputs for the query raised.

T. Kalaiselvan, Advocate (Advocate)     21 May 2025

You are welcome for your appreciations.

pankaj verma   22 May 2025

Mitr for this we have to file the application for amendment with the permission of the court..then opposite party ka reply aata hai fir us pr arguments hote hain..uske bad interim order aata hai..mast..9816374011


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