Sagnik (Management Trainee) 26 November 2012

Amendment of affidavit

Dear all,

Does an affidavit also forms a part of pleadings ?
Will Order VI Rule 17 which is applicable to amendment of pleading also be applicable on affidavits ?

Please advise as how to amend an affidavit whish is filed along with Written Statement where the trial has not yet begun.

Regards,

Sagnik Sanyal

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2 Replies

surjit singh (Assistant) 26 November 2012

File a applicaton prayng for ammending your pleading in the WS stating what you actually want to amend, if it is allowed file a new ammended WS enclosing theaffidavit.

Mayank Saxena (Legal Advisor) 26 November 2012

The Word may in O.6 R17 is very meaningful .It grants a large and wide discretion to the Court >This rule of procedure intended to secure proper administration of Justice .Therefore all the amendments should be allowed which satisfy the conditions -

1. It does not work injustice to the other side

2. It is necessary for the purpose of determining the real question in controversy.

3.It does not change the nature of the suit.