arjun kumar (student) 28 September 2011
Good day,
A case is in process ex parte. The plaintiff now seeks to make certain amendments and has applied for the same. Assuming that the application is accepted:
1) Once the defendant/s appears and files for recall/restoration of the order, does the amendment automatically stand revoked if the order is recalled/restored?
2) Will they have to file some other application for revoking the amendment?
3) If not so, pls tell the procedure to be followed, if any for revoking the amendment?
adv. rajeev ( rajoo ) (practicing advocate) 28 September 2011
Once application is allowed and amendment is carried out and after that defendant appeared he cannot recall the order which is already passed by the c ourt.
kranthi (retainer advocate) 07 October 2011
Yes, I will agree with rajeev sir
Advocate Bhartesh goyal (advocate) 07 October 2011
Mr rajeev is absolutely right.Once amendment is allowed it can not be recalled.If defendant got aggrieved by such order he can challange the order by filing writ petition under Art 226&227 of Constitution of India.
arjun kumar (student) 30 October 2011
Thanks,
1) does this hold even if the order was passed ex-parte in absence of the defendant?
2) more so if it has bearing on the entire outcome and changes the nature of the suit?
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