1) you can make application for amendment of plaint under order 6 Rule 17 of CPC
2) you don’t need judgments
3) no need to file fresh suit
How to add section once plaint is filed
I have filed child custody only under section 7 under gwa Now I want to add section 25 in the plaint Issues framed Stage is of my evidence and has to submit examination in chief 1. Under which provision I can now add section to plaint 2. Any supporting judgements 3. If it is not possible can I file another fresh plaint under section 25. Any other knowledge sharing shall be much helpful to me and my child.
Asked 6 years ago in Family Law
Religion: Hindu
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7 Answers
You can file a fresh one under section 25 in the present case
You can amend the plaint by filing the application under Order VI Rule 17 of the Code of Civil Procedure. The application is to be filed at the earliest before commencement of trial in the suit.
Order VI Rule 17 Code of Civil Procedure :
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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.”
Hello
1. Rule 17 order VI of Civil procedure code (CPC) Allows you to amend your pleading at any stage during the proceeding of court.
2. No need for supporting citations
3. New petition for same subject matter will not be maintenable you can amend your current plaint.
Section 25 in The Guardians and Wards Act, 1890
25. Title of guardian to custody of ward.—
(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882).
Sumedha Nagpal Vs. State of Delhi and ors. - Supreme Court Judgment
Writ Petition (C) No. 34 of 2000 dt. -03.03.2000
You can file a petition under Order VI, Rule 17 CPC seeking amendment of the plaint to incorporate specific pleading in compliance of Section.
Amendment will file under O 6 rule 17 CpC.
