A suit has been filed for rectification of plot nos. During filing of suit plot no 775 should be 776 was mentioned with logic that both the plot are adjacent. However later after measurement (After filing of suit) it came to know that plot nos is 788 &785. The plot 788 & 785 is adjacent to 776. The trial has not commenced so far.
My question is amendment is possible under which order or rule and what should be appropriate logic .
Asked in Property Law from MRN, Uttar Pradesh
1) under order VI Rule 17 amendment of plaint can be done by the plaintiff as trial has not commenced so far
2) no application for the amendment shall be allowed by the court after the commencement of the trial, unless the court is of the opinion that notwithstanding the parties’ due diligence, they could not have raised the matter before the commencement of the trial.
Hi, Before settling the issue you can amend the plaint.
2. You can file a application under 6 rule 17 of the Code of Civil Procedure for amendment of the plaint stating the above reason and normally court will allow the application.
Yes, if the trial has not commenced as yet you can file petition for amendment of pleading.The amendment of this nature is likely to be allowed.
If you feel that the plaint has to be amended and the said details re to be incorporated in the plaint properly, you may file an application seeking permission to amend the plaint with the proposed amendment under Order VI Rule 17 and section 151 of CPC.
The amendment can be sought under order 6 rule 17 of the code. The logic would be subject to the pleadings which we have not read.