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priyank prasad   25 October 2015

Modification in the prayer of complaint

Can i modify the matter of the prayer of the complaint?

my case is in the consumer court (State Commision) since last year, the since time has passed the prayer needs to be modified for a clear judgement.

but i am not sure whether it can be done or not? Case stage is evidence affidavit (not submitted yet by both parties).

pls suggest me whether it can be done without any harm?



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     25 October 2015

Yes, you can modify the prayer.  You have to file an I.A. before the Consumer Court for modifying the prayer. You have to explain to the court why you want to modify the property and you have not mentioned at the time of filing the Complaint.  You have to serve a copy to the Opposite party.  Your Advocate and Opposite side Advocate will argue the issue of modifying the prayer and after considering both sides arguments, the Court may allow your petition.  sometimes the court may dismiss your petition.  In such case you have to file Appeal in State Commission. 

What is the modification you need.  Explain in detail.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     31 October 2015

You can file a petition to amend the prayer, after  court allows the petition  you can carry out the amendment by incorporating the proposed amendment to the prayer.


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