Amendment to plaint statement before hearing

612 votes

It is permitted , even you can alter the prayer, but you cannot change the whole nature of the suit by such an amendment. You have to file application with affidavit citing reasons for the same. But you cannot change the facts you already narrated.

Advocate S.K Prabhakar Shetty LawRato

929 votes

yes. You wants to amend your plaint now after written statement has been filed by the defendant. 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. The courts will normally allow such amendments if it serves the ends of justice. But amendment sought for should not be malafide and it should not take away any benefit that has accrued to the defendant. Make sure your amendment is relevant and necessary for getting complete justice.

Advocate G M Paramasiviah LawRato

808 votes

Yes plaint can be amended after filing written statement or later also it can be filed so as ther are procrdure opposite to file objection to it and later court to hear on it and then pass order to amend or not and it takes time to do.

Advocate Nagesh B L LawRato

787 votes

Yes You can. Order 6 Rule 17 C P C provides for amendment of plaint. It is well settled that under Order 6 Rule 17 of the Code of Civil Procedure, wide powers and unfettered discretion have been conferred on the court to allow amendment of the pleadings to a party in such a manner and on such terms as it appears to the court just and proper.

However care should be taken to not to introduce a time barred claim, new cause of action or any point which is totally alien to the issue involved in the suit.

On Thu, Jul 20, 2017 at 8:28 AM, wrote:

Advocate N Dinesh Rao LawRato