After filing the partition suit (which was open land) in 2016, there are some drastic changes (construction is raised by purchaser) have been made by respondents in last 2-3 years. Now my advocate suggesting me to amend the plaint, according to changes, which may hamper my case in future if not amended today, i.e. "prayer for demolishing structure (if any) on my share, if confirmed by court while disposing the main suit". According to me, structure was not existed at the time of filing the suit, as said structure is raised far away from the date of suit, hence How Court will grant amendment, which may change the base and face of original suit, as changes are not prior to filing of suit. My question is Limited and as below : A) while amending the original plaint, whether one can do amendment on the basis of changes, which were not existed, at the time of filing of suit nor they were known at that relevant time and whether such amendment will not give birth to new plaint. B) How to put those wordings in previous plaint mentioning about the changes made later on. Thanks
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
It is well settled law that if an amendment seeks to change the nature of the suit, it should not be allowed
2) by amendment basic structure of suit should not change
3) amendments proposed to be carried would not change the basic structure of partition suit
4) if any construction has been carried on you can amend plaint to seek demolition of said construction
Do you mean the changes if made after the filing of suit can be incorporate in original plaint under the provision order 6 rule 17, only one must take care that, the nature or basic structure of OS should be maintained, otherwise it will not be allowed. Secondly after which paragraph , one should write this amendment for changes, as it should be meaning full when carried out.
Basic structure of suit should not change but amendments can be made to plaint
2) changes after filing of suit can be made otherwise there would be multiplicity of suit proceedings
A) yes it can be amended on basis of change.
B) you can only do that with amendment otherwise you can't touch the previous plaint
A.B.You can make paragraphs after adding the facts or may incorporate the new paragraph in between the other paragraphs but the facts must be in sequence so cautiously make amendments without disturbing the sequence of the facts.
1. subsequent changes can definitely be added in the original plaint by amending it
2. there is no embargo as such in order 6 R 17
3. the changes are such which affect your right as stated in original plaint. So nowhere would the nature of the suit change just because this amendment is sought to be made
4. in fact you have a right of claiming consequential reliefs to the main prayer
5. not possible to tell where exactly the amended portion will come without reading the original plaint.
Pray for demolition and status quo as an interim relief. Situation where there is change of circumstances in the course of pendency of a proceeding and if a matter in issue arises upon such change of circumstance, then amendment becomes necessary.
Amendment will incorporate in para where description of property is given
Your advocate is erring by incorrectly advising you to file an amendment petition to amend the plaint to accommodate the latest developments.
You are actually right that since it is a subsequent development, amendment to accommodate this change is not maintainable.
Hence yo politely inform your advocate that this amendment may not be maintainable hence just to ignore it.
If he is still insisting then you may have to think about continuing with this advocate who has no or very less knowledge in civil matters.
A structure was built in the vacant land after the suit was filed hence it is nothing but a subsequent development.
You have filed a partition suit seeking partition of property with metes and bounds and good and bad soil with separate possession of your legitimate share in the property.
If somebody has sold a portion of the property subsequent to filing the partition suit, he may be impleaded as a necessary party to the suit and then the amendment petition to amend the suit plaint may be maintainable to avoid multiplicity of proceedings.
Whereas he has constructed a structure over the vacant site which is subsequent development and not binding on you, once the suit is decreed then to execute the decree you may demand demolition of the structure suppose the structure falls in your portion or share of property.
You may better have a second opinion from another lawyer in the local instead of getting confused over various replies from this forum.
Yes the court may allowed amendment of plaint is allowed at any stage of proceedings which is necessary for the purpose of determining the real question in controversy between the parties
