Amending a plaint involves modifying or correcting the original plaint filed in a court of law. This process is governed by Order VI, Rule 17 of the Code of Civil Procedure, 1908 (CPC) in India or equivalent provisions in other jurisdictions. Here’s how a person can amend the plaint:
1. Identify the Need for Amendment
- Rectify Errors: Correct typographical, factual, or legal mistakes.
- Add or Alter Facts: Include new facts that have arisen after the filing.
- Change Claims or Reliefs: Adjust or add claims or reliefs sought.
- Comply with Court Directions: Make amendments as directed by the court.
2. Draft the Amendment Application
The party seeking amendment must file an application for amendment along with an affidavit supporting the reasons for the amendment.
The application should include:
- Details of the Proposed Amendment: Specify the changes sought in the plaint.
- Justification for the Amendment: Explain why the amendment is necessary and how it will help determine the real questions in controversy.
3. File the Amendment Application
- Submit the application in the court where the plaint was originally filed.
- Attach the amended plaint (clean copy with proposed changes) to the application for clarity.
4. Serve Notice to the Opposite Party
- Provide a copy of the amendment application to the opposing party.
- They may object to the amendment by filing a reply.
5. Court’s Consideration
- The court will consider the application based on:
- Timing: Is the amendment sought before or after the commencement of the trial? Amendments post-trial are considered more cautiously.
- Necessity: Does the amendment address essential issues?
- Malafide Intent: Ensure there is no ulterior motive or attempt to delay proceedings.
- Prejudice: Ensure the amendment doesn’t unfairly prejudice the opposite party.
- If the court is satisfied, it will allow the amendment.
6. Incorporate Amendments
- Once the court permits, the plaintiff must incorporate the changes into the plaint within the stipulated time.
- The amended plaint is then filed with the court and served on the opposing party.
7. Limits and Conditions for Amendment
- Due Diligence Requirement: For amendments after the trial begins, the party must show that despite due diligence, they could not propose the amendment earlier.
- Substantial Alteration of the Case: Amendments that fundamentally alter the case or introduce inconsistent claims are usually not allowed.
Relevant Case Laws:
- Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi (1960): Courts should be liberal in allowing amendments unless there’s a substantial reason to refuse.
- Revajeetu Builders and Developers v. Narayanaswamy and Sons (2009): Established guiding principles for allowing or disallowing amendments.
For Any Type Of Consultation Or Suggestion Call Us On +91 9211732039 / +91 9891045644. This Suggestion is Absolutely free.
Add a Comment