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Vinod (self)     17 December 2010

'Amendment of Pleadings' at the closing Arguments stage????

I am trying to frame question in as much technical parace as possible, as follows:-.

 

 

  1. Opposite party's ld. counsel suddenly deviated from pleadings and amended pleadings and also made new facts or gave new explanation of new facts to court, during closing arguments on an Interim Application.
  2. My lawyer didn't immediately raised objection right there at that moment and also missed to address it during the closing argument of my side (respondent)
  3. And order is passed in favour of the opposite party.
  4. Is it allowed to interrupt oral argument of the opposite cousel, right there, like in a debate?

 

Please let me know.



Learning

 10 Replies

niranjan (civil practice)     17 December 2010

Amendment of pleadings cannot be made abruptly during arguments nor it could be allowed. If the order is based on such extraneous considerations,better file appeal there are every chances of success.

1 Like

Suchitra. S (Advocate)     17 December 2010

Amendment of pleadings can be done only before the trial starts and not later.

1 Like

ashish lal (Advocacy)     17 December 2010

is it civil case related to property  or matrimonial case?

Nilesh Uppin (B.Com.,LL.B)     17 December 2010

Even if the counsels (of either party) argued anything (as the counsel deviated from the pleadings in your case), the court cannot go beyond the pleadings while passing the orders.  The court has to stick up to the facts of the case, and travelling beyond the facts is not expected.  If the court has passed an order relying on such submissions, then such an order is erroneous, you may prefer an appeal against the said order.

As far as the oral arguments are concerned, every party has got the right to argue it's case.  The party who files an application has to argue first, then the term of opposite party comes and the party filing an application has right to reply on law points.  Normally, interruption while advancing the arguments is not expected.

1 Like

s k s k sarma (advocate)     18 December 2010

it is not allowed to amend pleadings once trail is commenced as per amended Civil procedure code under Order VI rule 17 of CPC. if any party wants to amend his or her pleading they have to do it before commencement of trail but  not later. it is fit case for appeal. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     18 December 2010

There is no restriction for amendment of pleading prior to judgement.

Parties have bonafide right to put their position before trial court and unless it is malafide , it has to be allowed.

Go to higher court if you have substantial evidence to oppose it.

Amit Minocha (Lawyer)     22 December 2010

The Court cannot go beyond the pleadings. The orders passed must be also specifying the reason of passing thereof.  Just compare the judgement with the application grounds / pleadings as to  whether they were in parity of the grounds of pleadings, if no you have chance to challenge and reversal.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     22 December 2010

If not satisfied to appeal., such matters end up to SC.

Avnish Kaur (Consultant)     23 December 2010

during oral arguments he may speak anything he wishes , but while giving judgement court works within narrow  zone of pleadings only. dont allow him to amend pleadings in writing.

Y ARAVIND (ADVOCATE)     02 January 2011

After amendment to CPC pleadings amendment after trial is restricted. 


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