• Amendment

My advocate has filed a suit of partition in TC for me. The Plaint is not drafted that accurately, as well as certain prayers were not included in the Plaint, therefore I have appointed a new advocate who now filed amendment aaplication, which is pending before court. Defendents yet to file there say on amendment application, as per the Court's order "Other side to Say". 

Now I wish to amend the plaint once again for following reasons.
1. To add Nagarpalika as a party to suit (Defendant No. 3)
2. To add new the prayer clause for " To demolish the structure constructed on my share, if court decreed the suit in my favour.
3. To order the co-sharer to handover the possession of open land, as per the physical partition shown on map submitted with plaint (actually this map i want to file as a part and parcle of plaint). The stage in suit is filing of chief which is yet not completed.

please advice me 

A. whether I can file amendment once again?.
B. when I can file such amendment when first is pending?
C. How many times one can file amendment application. 

Regards and Thanks in Advance
Asked 5 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

1. Yes if it doesn't change nature of suit

2. Amendment can be filed prior to commencement of trial

3. Only when necessary and subject to point 1

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

1. See if amendment application is allowed then you can amend it again. 

2. Yes if court permit you can file a subsequent amendment also.

3. See there are no fix number of time it is discretion of court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can with draw your amendment application and file fresh application for amendment incorporating additional amendments desired by you 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

 Order VI Rule 17 reads as under: 
"17. Amendment of pleadings - The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: 
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial."

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear client, 

Instead of filling random amendement petitions, withdraw suit with the liberty to file fresh suit.

Rare possibility that court will allow 2nd application and than those relief will never be allowed to raise ever.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Amendment application can be filed any number of times but it will be in the discretion of court whether to allow or reject such an application. If your prayer does not alter nature of suit court will allow you to amend your plaint. To implead someone as party file an impleading application.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

1. file it anytime before the commencement of trial (amendment is only allowed if it doesn't change the nature of the suit)

2. you can file it at present 

3. it depends on the subject matter of the case, no fixed number of times mentioned anywhere,

you can file it if it doesn't change the nature of the case

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

According to Order VI Rule 17 of the Code of Civil Procedure, 1908, the Court may allow the amendment. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The amendment if necessary for the proper adjudication of the suit can be allowed. The amendment sought for is likely to be allowed.

2. Do one thing. Not press the first amendment  and make a fresh amendment petition wherein include schedule of amendment of both petition.

3. There is no limit on numbers as long as it satisfies the provision of order 6 rule 17 of cpc.

4. You can file petition for impleadment under order 1 rule 10 cpc.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Impleading application is filed under order1 Rule 10

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Order 6 rule 17 cpc.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file an amendment it doesn't change nature and cause of action of the suit. You can implead a party in civil suit under order 1 rule 10

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1. Why are you bringing in so many amendments in installments? All amendments should have been sought in the same application.

2. An amendment which alters the basis structure of the plaint is not to be allowed by the court. Furthermore, through an amendment application you cannot add another party as defendant. You have to seek the impleadment of that party as a defendant. 

3. Nothing stops you from filing another amendment application but it is the pure discretion of court to allow or disallow. 

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Order 1 rule 10 CPC.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1.  You can implead new party to this suit by fling an amendment petition for the reasons you rely upon and the court is convinced about it.

However the amendments sought to be incorporated in the form of demolition and handover your share do not have to be sought now since it is part of partition suit, i.e., when the suit is decreed and you are allotted your share by court, then all such things will be taken care of by the court.

2.  You can file the second amendment petition after the disposal of the first one or can withdraw the previous one and file a fresh petition  covering all the amendments you desired to be incorporated now.

3. As and when the circumstances demands but the reasons are to be reliable and convince the court. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Impleading petition may be filed order 1 rule 10 CPC;

Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions ... 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have already filed an application for amendment under order 6 rule 17 of the CPC, to which defendant has not yet filed the reply and arguments are pending on the application.
  2. Let me tell you that as now again you wish to file new one then first you will have to withdraw the last one and seek courts permission to file the present one being the more accurate one.
  3. And for getting the party in addition to the suit, you will have to convince the court for their necessity and then file an application for impleading the required one. And this will go under order 1 rule 10 of the CPC.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer