cyberlawyer (barrister) 07 May 2013

Amendment in application in suit - correct provision needed

Please help me in citing the correct provision to amend an interim application. The cause title of the interim application lacks some parties not included, by oversight. Hence these parties have to be added . I am aware of the provisions of amendment in plaint, but i would like to know if there is any special provision for effecting amendment in interim application. The application was filed u/s 151 CPC which is refuted by the opposite party on the ground of improper provision.

Thanx in advance

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3 Replies

S P SRIVASTAVA (ADVOCATE) 07 May 2013

Based on my understanding and a little knowledge, I think in CPC there is no separate provision for amendement of application.Order VI Rule 17 says for amendment of plaint or written statement which in larger context I think includes application also as it is part of pleadings. You are well aware that where there is no separate provision for any thing in such eventuality 151 applies . since your 151 application has been dismissed you may challenge the impunged order because wrong provision mentioned is no ground for dismissal of the application.

An other option I think could be to withdraw the interim application on the ground of technical flaw in memo of parties and file afresh with the leave of the court..