Upgrad LLM

amendment of prayer in plaint at second appeal stage.

Respected Advocates,

Our client lost her case both at Trial and Appellate courts and now she approached High Court of A.P. regarding Easement rights for ingress and egress into her land through the Defendants land which she is using since decades. In the Trial court she only opted in prayer for Permanent Injunction but not for declaration of easement right. Now at High Court during Second appeal stage can she opt to amend her prayer for declaration of easement right and to consider a fresh disposal of the case?

I am looking for a Citation of Hon'ble Supreme Court or High Court of A.P. which should order the Trial Court to consider the matter by amending the prayer for declaration of easement right and proceed further as per due process of law.
ha21@rediffmail.com Mumbai : 9820174108

1. Original Prayer cannot be amended in Appeal /Revision stage.  Prayer can be amended only during Trial Court proceedings.

2. HC may be requested to remand back matter to Trial Court by providing proper justifications /arguments, consequent to which Prayer can be amended for the purposes.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com




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