1. Court of lRDC has canceled opponent party mutation case 954/2003-04 [1.52 acres]. 2. Now opponent party has moved to DC court by filing mutation revision petition. 3. But in DC court the opponent party has mistakenly requested in revision petition for revision against mutation number 954/2002-03 [1.22 acres] 4.upon inquiry by us vide RTI reply we found in same piece of land opponent party has fraudulently aquired two mutation 954/2003-04 [1.52 acres] and 954/2002-03 [1.22 acres]. 5. After that we submitted response with evidence in DC court for existance of mutation 954/2002-03 [1.22 acres] and fabricated revision petition. 6. The opponent party has filed amendment petition to change his mutation number from 954/2002-03 [1.22 acres] to 954/2003-04 [1.52 acres]. 7. We have submitted written final argument in DC court about execution of two mutation fraudulently by the opponent party with evidence and requested for dismissal of the opponent party revision petition. Q1. Can DC accept the ammendment request of the opponent party revision petition. [proof of existance submitted by us is Panji II record, rent receipt, C.O reply]? Q2. Can I request court for so cause to opponent party now after submission of final written argument by me ? Q3. How to put pressure on DC to take action on opponent party & C.O when all evidence has been submitted in court by me ? Q4. Can court notice me without reviewing of revisioner petitioner petition & records ? Q5. Should we need to attend court on case dates after submission of response & final written argument by me ?
1) court can permit amendment application of Petitioner
2) after written arguments are submitted wait for court orders
3) court would pass orders after going through the records
4) your personal presence is not necessary
5) it is sufficient if you represented by lawyer
Hi,
There are specific rules of amendment of plaint and the amendment application can be moved with permission of the court only. You are suggested to attend all the hearings and be attentive to argue and present your version of case. It will create pressure in court as well as your interests will not be hampered.
1.Even if it's admit it will rule after going through the entire evidence on record.
2.Yes.
3. No need to pressure it will rule
4. Sometimes court notice mechanically.
5. No need but it's good if any advocate or your representative attend the same
1. If the error was typing or human error and is not going to change the nature of the case then amendment is generally allowed. However please refer to the Act to find out f there is no provision for amendment is there or not.
2. Yes as at the late stage in general no amendment is allowed.
3. A Tribunal is not meant to be pressurised. You can only place your submission.
4. No
5. No unless you are notified for this.
In petition this can be consider as typographical error but if in actual he got 2 records mutated in his name than this amount to playing fraud on court and shall be prosecute.
And on this ground only his amendment petition will dismiss. Appearance in court is must.
Yes DC can accept amendment application before it is allowed to correct the mistake of fact at any stage during the proceedings.
Yes you can request DC court to seek an explanation of wrong mutation record.
You cannot out pressure on DC to take any action
Yes you need to attend the hearings of the court.
1. In the normal course the DC should not accept the petition seeking amendment for covering up the lacuna, however s per law, the DC can allow the petition seeking amendment at this stage if he is convinced by the arguments presented by the concerned party.
2. You can file any petition expressing your strong objections to it.
3. In your argument over the petition he filed you can strongly record your objection in view of the information obtained through RTI act.
4. The court will issue notice to you when he files a petition for this purpose.
5. Yes, or else the court may decide in your absence against you
