Clerical and typographical mistake
In a suit filed against me, my advocate wrongly put the khasra numbers. When he came to know, he applied for amendment, which is dismissed on the grounds that it is late. With wrong khasra numbers....how can I pursue. Kindly guide.
Asked 3 years ago in Property Law from Jalandhar, Punjab
File a Revisional Application in High Court in High Court. It is very material amendment and would be allowed in court. DO not worry.
1) if application for amendment of plaint Is dismissed by trial court file an appeal against the said order
2) application for amendment of plaint is generally allowed if no prejudice is caused to the defendants and issues have not yet been framed in the suit
1. Since the amendment has been refused by the lower court you can challenge the order in the higher court.
2. With wrong survey number your chances of success are bleak.
If the amendment petition is dismissed, the matter can be taken up to the higher court with a revision petition. Amendment application to amend the plaint can be filed at any time before pronouncement of judgement.