Nilesh (Owner) 07 July 2011

Order 6 Rule 17 CPC

in my suit, my i.e. plaintiff evidence is close, case is posted for defendant cross, i hav field application under O6 R17 seeking permission for amendment, my amendment is that due to computerization in bank account number's of borrower i.e. defendant changed, both manual and compter statement on already on record i have to amend this pls suggest any case laws for this

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6 Replies

Shantanu Rastogi (ADVOCATE) 08 July 2011

Amendment in plaint at this stage is a tough job. Evidence has started and your evidence has concluded. The law has to be seen in the light of "withdrawl of admission". more over once the trial has commenced, it is not legally permissible to amend. However you may cross examine the defendants to that effect if possible.

(Guest)

you can also file an application for the additional evidence and you can mention that the evidence for such and such thing is necessary to be produced there and it is very must urgent for the just decision of the case and no need to amend the plaint and the application will be accepted easily

Raghav Sood (Lawyer) 08 July 2011

seems the suit for recovery ofcourse you can amend the plaint because it is subsequent event the law permits the subsequent event to be brought on record i dont think amending account number due to computerization amounts to withdrawal of admission. however upon amendment you are require to give rebuttal evidence regardiing the nexus between the old and new account number