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Rajeev Bhargava (Service)     16 July 2010

Case Law specifying the limit of amemdment in Petition

Dear Friends,

 

In a civil suit the petitioner is applying to the court to amend its petition in a way that the amended petition has many additional facts and some of the facts are even contrary to the original facts. The facts are not such which came to the knowledge of party later. Further the amendment sought after changes the nature of suit and the relief asked for. The amendment introduces a will, which was supposed to be in the possession of the petitioner, but they did not mentioned the same in the original petition.

Can you provide any case law, which prohibit such an amendment to be allowed.

Thanks in advance.

 

Regards,

 

Rajeev



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 July 2010

If the nature of the suit changes such amendments will not be allowed there so many judgments on this point. Refer sec 6 rule 17 of the cpc.

cyberlawyer (barrister)     16 July 2010

In my opinion i doubt whether the petition itself will be allowed. There can be additions but facts which are contrary cannot be allowed i think. But not sure...  please advice the OP friends....


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