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Pritam Gupta (Teacher)     03 March 2018

Cpc procedural matter.

An application under Order 7 Rule 11 has been filed in Trial Court but hearing has not started. Now a couple of additional very important grounds has come to my notice. So what is the procedure to incorporate these additional grounds in the Application?

a) Can I file a supplementary application? Under which section of CPC?

b) OR, do I have to file an entirely new application? In that case the original application has to be first withdrawn?

Kindly advise the best method under the above stated scenario.


 2 Replies


No need to file a supplementary affidavit. Your case being a civil matter, you may file an amendment application u/Order 6 Rule 17 CPC. Concisely state the reasons for amendment (in your case, it would be the grounds). After stating all facts brusquely, mention that: (i) your amendment application is filed on bona fide grounds & would not adversely affect your opponent party; (ii) it does not introduct any new fact & is purely technical by nature (iii) that it(amendment application) is necessary to determine the real issue-in-controversy between the parties & (iv) if disallowed, it is more than likely to cause you severe irreperable loss& hardships which cannot adequately be compensated monetarily.

In your prayer, request that: (i) the court allow your application & permit you to amend the same & (ii) pass other orders in the interests of justice.

After following the prayer step, file an affidavit mentioning that: (i) you are the party (plaintiff/defendant) in your suit & are conversant with all facts/circumstances; hence competent to swear the affidavit; (ii) all statements made by you are true & accurate and nothing has been concealed therewith; (iii) contents of your application & annexures are true copies of the original. Put a verification statement and swear it before a notary public, prior to submitting the same before the court where you intend to file your amendment application.

If you have any queries, you may contact at: I shall be most happy to advise you on your case.


Advocate Kaybee


Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.


With regards,

Kishan Dutt Kalaskar

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