madhu mittal (director) 01 July 2011

Rectification of Mistake in plaint of recovery u/s 7 rule 1

In plaint point no. 1 it was written that the company is registred under companies Act 1956 on 12.10.1994(12^th Octomber 1994) in stead of 05.09.1991 (5^th September 1991). The Certificate of incorporation was enclosed with the plaint is of dated 05.09.1991 (5^th September 1991).Plaint was lodged in court on 03.04.2006. But notice was served on defendant in May 2011. The stage of case is :Defendant came in court on 29.06.2011 with written answer statement, though he did not point out this mistake, simply saying non acceptable in want of knowledge. Please let me (plaintiff) know how to get the mistake rectified.

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6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 July 2011

You can file a amendment application under Order 6 Rule 17, and amend this date.

G.Nagarajeshwar Rao (Advocate) 02 July 2011

Nadeem Qureshi is correct. You can file a petition under order 6 Rule 17 of C.P.C.

Nilesh (Owner) 07 July 2011

I need case law for allowing amendment after evidence of plaintff. (nature of suit is not changed)

SACHIN AGARWAL (ADVOCATE) 15 July 2011

It can be corrected by amendment u/o VI Rule 17 CPC

kranthi (retainer advocate) 15 July 2011

I will agree with the above quary u can file petition to amend plaint

P V Namjoshi (pvnamjoshi@gmail.com) 17 July 2011

Simple thing. Move an application Under Order 06 Rule 17 of the Civil Procidure Code and the court will allow the same. Please also read the provisions of Order 06 Rule 18 so that the law in this regard will be clear. Also go through Sec.152 also.