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Binod Kumar Mishra (Government Service)     27 March 2009

can i file supplementary

Dear friends,

i have filled divorce petition back in August, 2007. after that a lot of counter allegations have been made from opposite party. on that time i have filled the case with every fact in my mind, what has slipped is that to mentioned day to day happenings. now i want to add something to this petition. can i file it by way of supplementary petition.  friends if laws permit it, then please convey your answer quoting specific provisions, if any. its urgent.



Learning

 7 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

yes you can file supplimentary / amendment application.


pls take help of a local counsel

Y V Vishweshwar Rao (Advocate )     27 March 2009

You can file Reply to the allegations& claims  in the Counter filed  by the Respondent  - take assitance of local Advocate

Ashey   27 March 2009

yes .. u can file a rejoinder application

Prabhat Kumar (Advocate)     27 March 2009

Amendment of the petition is a right of the petitioner. There are 2 things which you need to know.


1stly, if you want to incorporate some facts which were available to you at the time of filing of the petition and due to BONAFIDE mistake you could not mention in the petition, then move an amendment application under Order 6 Rule 17 of the CPC. But you can avail this remedy only if the trial has not started, once the trial begans the court generally reluctant in allowing the petition.


2ndly, if is there is some subsequent development after filing of your petition then move an amendment application with all the developments and the court should permit you to amend the petition. 

Kiran Kumar (Lawyer)     27 March 2009

prabhat has given a good and apt reply....


so pls mention some more facts abt ur case like  the stage of the trial and what things have been left in the petition.

Binod Kumar Mishra (Government Service)     27 March 2009

since it is a divorce suit, in the court the issue has been framed
and the court has given direction to me to provide the list of
witnesses to be examine from my side. this is the current position of
my case. please advice me and also give some legal position regarding
this.

Kiran Kumar (Lawyer)     27 March 2009

well u can still move a necessary application for amendment reason being the evidence is yet to start.


if the trial court declines the application then u can go in revision before the High Court.


generally such applications are allowed subject to payment of some reasonable costs to the other party.


make sure the amendments are bonafide in nature.....consult ur counsel and move the necessary application.


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