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Regarding Averments Made In Legal Notice And The Plaint
28-Aug-2023 (In Civil Law)
Hello sir, my father has filed a civil case in my place, he has sent notice to the accused on 14.1.2014 by saying that the accused received sum of Rs.400000 for his business purpose...after three years he has filed original suit against him, in the plaint he has given reason that the accused received above said amount for house hold expences...for the same the defendant side counsel has taking same defence by mentioning both the averments...may i please know what can my father do now. .is it possible to amend the plain?? Now the case is at evidence stage
Under Rule 17 of Order VI of Code of Civil Procedure, 1908, 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 application for amendment shall not 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.
Provided that application for amendment shall not 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.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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