636+ Lawyers are online 
Addition of compensation in a partition suit
27-Dec-2024 (In Property Law)
Sir, my muslim mother has filed a suit against her brother to claim her right in the father's property. The case is at the stage of arguments, now I want to know can i file an application of amendment for the claim of compensation of 3 crore rupees in the same suit Or not. In other words I want to pray for compensation also by amending the suit.
is it for final arguments if yes then not if at interm stage then u may file a separate suit for seeking compensation for taking illegal benefits from the property by ur uncles for further information kindly contact me
Helpful?
Adv. Mudasar Ahmad Dar
Srinagar | 25+ Answers
CONTACT NOW
I can understand your problem you seem to amend your plaint only to seek compensation as addition relief from the court.
please be informed the procedure for amending is laid under order. 6 rule 17 of cpc and the courts usually allow amendment in plaint at any stage however same should not change the nature of the suit, it appears the stage of your case is at last and would be not appropriate to move such application as conduct on your part would speak that you have slept over your right ,
and importantly in case you filed amending application and fortunately if it is allowed , you must keep in mind the same court be having pecuniary jurisdiction to pass such compensation to that extent as well it so it would be proper to file seperate suit for damages and compensation before the appropriate court forum .
Note: It is recommended to ask your advocate to argue the grounds in addition to seek moulding of reliefs from the same court and seeks compensation upto his pecuniary jurisdiction though chances are bleak.
Helpful?
Adv. Muheet Yousuf
Srinagar | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
