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Ishaan Gupta   09 December 2020

Code of civil procedure

Can written statement be amended for adding the fact that the defendant was minor at the time of agreement to sell land ? If so then it’s procedure 



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     10 December 2020

yes, for amendment in w.s you have to file application u/order 6 rule 17 of cpc.

P. Venu (Advocate)     10 December 2020

You have not posted the material facts.

Dr J C Vashista (Advocate)     11 December 2020

Although the WS can be amended u/o VI Rule 17 CPC yet why such a material facts was not included in WS, an obvious objection of Court/ plaintiff.

There is something missing from facts posted by you.

It is better to consult and seek opinion and guidance of the lawyer engage by you, otherwise engage some other local prudent lawyer for appreciation of facts/ document, professional advise and necessary proceeding.

Shashi Dhara   20 December 2020

Who represented as minor gaurdian,Ashe become major he can file application to court along with birth certificate and seek permission to engage advocate

175B083 Mahesh P S   25 December 2020

Hello,

Yes you can do so by filing u/o VI rule 17 as per the CPC. 
Here are some details regarding the same:

Order VI of Rule 17 of CPC, 1908

Amendment to Pleading ⇒

1. the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

2. Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

Stages where the pleadings can be amended ⇒

1. The Provision related to Amendment of Pleadings gives power to the civil court to allow parties to alter, amend or modify the pleadings at any stage of proceedings.

2. Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law.

3. The Proviso of Order 6 Rule 17 states that court will not allow application of amendment after the trial has been commenced unless court comes to the conclusion that party did not raise the relevant facts before the commencement of the trial.

4. This proviso gives discretionary power to the court to decide on the application of pleadings after the commencement of the Trial. An institution of the suit is necessary for applying for amendment of pleadings.

5. This provision was deleted by the Civil Procedure (Amendment) Code, 1999. This omission was made to ensure consistency in new changes in the civil code.

6. But later, it was restored by the Civil Procedure (Amendment) Code, This amendment has given power to the court to allow application of the pleadings with some limitation.

Why court allows the Amendment ⇒

1. The primary objective for the court to allow application for Amendment of Pleadings is secure the ends of the justice and prevent injustice to other parties.

2. Also, this amendment is necessary for the purpose of determining the real questions in controversy between the parties.

3. Amendments of pleadings help the parties to correct its mistakes in the pleadings. In the case of Cropper v. Smith, the court stated that the object behind amendment of pleadings is to protect the rights of the parties and not to punish them for the mistake made by them in the pleadings.

 

Thank you

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