Yesterday I filed a civil suit for partition of my land share under section 39 and included Name of 17 share holders . by misunderstanding my lawyer framed the case title against our close friend Mr 'A' and others where as it should be against miscreant Mr ' B' and others. case number is generated on line and we noticed the mistake. Now Mr 'A' is annoyed.
Can we make changes in case title or have to withdraw it and re- submit a fresh case.what is the right solution.
Dear Mr Singh,
It would depend on the level of mistake. If only the memo of parties is wrong then simply file Application to amend the Memo of Parties under Order 1 Rule 10.
If the pleadings are also wrong i.e. in the suit instead of Mr B you have written Mr A, then withdraw and file again. Because if the pleadings are wrong you will not only be required to file application for amendment of parties but also amendment of pleadings. This would make the suit unncessarily complex. Please note at the time of withdrawal, seek an order from the court that court fee already paid be adjusted in the new suit. So that there is no trouble with the registry while re-filing.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
