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Can a amendment be made in the plaint
03-Dec-2023 (In Civil Law)
can there be amendment in the plaint when the lower court directs it and the plaintiff has not filed for amendment in order VI rule 17. The matter relates to a property whose measurements were not correctly stated and hence the court ordered to amend the plaint. Now the def. have raised an objection that the plaint was amended without order VI rule 17. is there any case law/ judgement where it has been done by court or accepted by court.
The real question that is required to be considered is at which stage of the trial the court is directing to consider the amendment in the plaint. kindly understand that the object behind order 6 rule 17 is to prevent filing of frivolous applications which leads to delay in the adjudication process. Pre-trial amendments are allowed more liberally than those which are sought to be made after the commencement of the trial or after conclusion thereof. In the former case generally it can be assumed that the defendant is not prejudiced because he will have full opportunity of meeting the case of the plaintiff as amended. In the latter cases the question of prejudice to the opposite party may arise and that shall have to be answered by reference to the facts and circumstances of each individual case. No straitjacket formula can be laid down. The fact remains that a mere delay cannot be a ground for refusing a prayer for amendment.
Considering the present case, even if objection arises, the intention behind seeking amendment shall be seen and based on the limited facts being told, it is clear that you intend to bring correct facts to the knowledge of the court and the objection shall not be entertained in such circumstances.
Considering the present case, even if objection arises, the intention behind seeking amendment shall be seen and based on the limited facts being told, it is clear that you intend to bring correct facts to the knowledge of the court and the objection shall not be entertained in such circumstances.
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Adv. Siddhant Jain
Jaipur | 25+ Answers
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Court has no power to amend plaint in absence of the application filed by the plaintiff or any other party. For amendmdne one has to file application. If no application is filed court will move on to decide the matter by closing right of party of seeking amendmdne in plaint.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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