manoharmpm (defence service) 27 May 2013

Amendment under cpc rule 17

please advice me regarding my problem.

the suit is filed for partion by my uncles sons and family in the court .in that suit he previouslymentioned in the written statement the following points .

1. the property is the ancestral property .

2. vitho rama (grandfather ) is owner of the said property .

and other points

but now their lawer filed application under cpc rule17 for amendmend and now he mentioned the belowpoints

1. the word ancestrale be deleted .

2. vitho rama was not owner of said property but he was tenent of the property .also added many new points

please tellme weather it is changing the nature of suit or not ? as as per supreme court judgements in many cases if nature changes the amenment can not granted but the jr. division court has allowed the same .is it wrong judgement ? should i file writ pitition in high court .please help me for justice in my case

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Hemang (Advocate) 27 May 2013

The otherside has placed his case. Let the same be tried on merits. You may place best available evidence in the suit and prove it otherwise. It is true that no amendment can be allowed that changes the nature of the suit, but the lower court must have considered and come to the conclusion to allow the amendment. this is very basic, and it cannot be believed that the lower court does not law this basic fact. Still, if you feel that injustice is done, or it changes the nature of the suit, you may file a Reivison Application as provided under Section 115 of the Civil Procedure Code challenging the order passed by the court.