Veerendra 15 October 2025

Amendment in prayers not accepted . what are my legal option now ?

Links of blogs:

https://drdarakh.com/let-us-extract-money-from-the-doctor/

https://drdarakh.com/commercial-charges-on-a-dentist/

https://drdarakh.com/raja-balmiki-threatens-me-with-assault/

https://drdarakh.com/the-sordid-saga-of-my-maintenance-cheques-in-sangli-bank-account/

https://drdarakh.com/dadagiri-of-office-bearers/

https://drdarakh.com/first-do-not-accept-cheques-then-levy-penal-interest/

Greetings to all you eminent lawyers,

Through this query I seek your valuable opinion, views, inputs and feedback regarding my issues.

Brief History:- I am a practicing dental surgeon and society has been overbilling me in the name of commercial charges , levied fines on me , did not issue receipts for payments made, did not accept my maintenance cheques and thereafter levied penal interest. Finally, I filled a case u/s 91 of MCS act (see attachment) through my erstwhile lawyer.

Later on many lawyers opined that my prayers were not specific. Hence my current lawyer moved on application for amendment in prayers. The intention was to paint out to the court the exact details of overbilling etc. So that at the time of justice ( i.e the final verdict ) and the final judgement nothing is left out.

My current lawyer filled an application for amendment in prayers (see attachment). The court has rejected our application for amendment in prayers (see attachment)

Now my querY is : What should I do now? Should I go and appeal in the appellate court.? What are my options ?

Please note that the intention of amendment in prayers is to make the law fully aware of the details of overbilling so that at the time of verdict nothing is left out. This is because there is a possibility that the details of the overbilling are perhaps not described clearly in the original pleading.

2^nd issue : The apartment was in my fathers name. He transferred it to my name by a gift deed in 2016. Society was not admitting me as a member. I moved the deputy registrars office and after 9 months of hearing Deputy registrar ruled in my favour and instructed society to admit me as a member. Society went to appeal in Divisional Joint Registrars office. There hearings are over and order is awaited.

I wanted my name to be added as disputant. The order says since DJR has asked for status quo I cannot be admitted as a member. But DJR has asked for status quo only for membership of the CHS and not this has nothing to do with ownership. The apartment is now in my name.

So I want my name to be added as disputant so that my father who is a senior citizen and has got nothing to do with the apartment is freed.

My erstwhile lawyer due to his error in judgement filed the case with my father as the disputant. He should have filed the case with me as the disputant.

Hope to see many responses and many thanks in advance for the same.

Regards,

Dr. Veerendra Darakh.

Reply Follow

5 Replies

Ravikant Mani Tripathi (Advocate at District and session court Sultanpur Uttar Pradesh ) 15 October 2025

It's a common civil law you can amend the core points of suit but directly amending the prayer somewhere is tough amendment in the civil suit is only allowed to the extent that it doesn't change the nature of your case if by amending the core points your purpose could be served then you can go for it otherwise better you lift the case with the permission from the court to file a new case.

As far as you asked for adding you as a disputant at the appeal level and getting your father removed from the case as a party you take one affidavit from your father that he doesn't has any problem if his name is removed from the case and you all alone would represent the case it's like NOC alongwith with that NOC make a 1/10 application for removing his name and adding your name as a disputant

1 Like

Veerendra 15 October 2025

Dear all,

Pls let me know if the attachments are visible with my original post. I had uploaded them. I can t make out whether they are visible or not to the forum. Also pls let me know if more than one attachment can be uploaded.

T. Kalaiselvan, Advocate (Advocate) 16 October 2025

There is no attachment found in your post.

You have sent plenty of links here instead of posting the facts or proper details.

Even your post is very lengthy but devoid of details.

Initially you had not stated the fact that it was your father who filed the petition to add himself as one of the disputant in the appeal and you posed as if you are the party to the ongoing dispute in the court.

If you want to get yourself impleaded as necessary party to the current case, you should have filed a separate petition under order 1 rule 10 to implead yourself as necessary party instead it is not known what type of amendment petition you have filed and for what reason.

Blaming an advocate is common for all litigants in the event of an unfavorble decision by court.

It also appears that you have not approached civil court for relief and remedy instead you were relying upon the registrar court alone, the registrar court cannot go beyond certain issues, however you could have approached the civil court with a suit for mandatory injunction to direct the society to the needful on the basis of the registered title document on your name.