57.APPLICATION U/O 6, RULE 17, READ WITH SE C.P.C. FOR AMENDMENT OF THE PLAINT.[CD1]
IN
THE HIGH COURT OF
I.A. No. .................... of 19......
Civil
Suit No. .............................. of 19...................
C.F.
...................................................Plaintiff
versus
C.D…………………..……………...Defendant
Date of hearing.
Respectfully
Showeth:
1. That after order of notice to the
defendants by this Hon'ble Court, defendants No. 3 and 4 who are bent upon
usurping the plaintiffs' land, involved in the present suit, instead of filing
the written statement and reply to stay application. raised unnecessary
controversy with the aim of prolonging the decision of the real issue by this
Hon'ble Court and made application that for the relief of declaration against
........... and .............. which are also the parties in the suit, service
of notices is a mandatory requirement and so on the plaintiff has thought it
best to give up the relief of declaration in the circumstances and to amend the
plaint accordingly with a light amendment in the averment relating to cause of
action to the following effect which may kindly be permitted as the same does
not in any way change the context and nature of the suit to the detriment of
the defendants, the suit being in its earned stage:
1. The title of the suit may kindly be
read as “Suit for Permanen
Injunction.
2. In para No............ of the plaint, in
place of words from time to time
the words 'First week of .............
onward', may kindly be read
3. In para No....... of the plaint in
the first line after the word Plaitiff the following words ‘in the first week
of .......... when defendants No. 3 and 4 started threatening the plaintiff and
then', may kinary as added between the word 'plaintiff' and the word '
4.on. In the prayer clause sub-clause
(1) may kindly be treated and in the end of sub-clause No. (2) the following
words may kindly be treated as added measuring……………Sq,yds.out of khasra No.
…………….
It is prayed that the above amendment
may kindly be permitted in the plaint an amended copy of which is enclosed here
with for orders as to its being placed
on record, annexures with original plaint may kindly be treated as
un-disturbed.
Prayed accordingly.
Place: ………..
Date: ……….
plainstiff
58. AFFIDAVIT.[CD2]
IN
THE HIGH COURT OF THE ........
L.A.
No. ................. of 19 ...............
Suit
No. .................. of 19................
C.F.
......................................................... Plaintiff/Applicant
versus
C.D.....................................................................
Defendant
I,
.................... s/o ................., aged about .......... years,r/o
.................... do hereby solemnly affirm and declare as under:
1. That I am the plaintiff in the
above said suit and am fully conversant with the facts of the same.
2. That I have read and fully
understood contents of the accompanying application u/o 6, Rule 17 read with
section 151 C.P.C. for amendment of the plaint, which has been drafted by my
advocate under my instruction and I say that the same are true to my knowledge
Deponent
VERIFICATION
Verified
at .................. on this the .................... day of
................... than contents of my above affidavit are true and correct to
my knowledge and that nothing has been concealed therefrom.
Deponent
CASE LAW
Order
6 Rule 17,
It is well recognised that where the
amendment does not addition of a new cause of action or raise a different case
but amounts than a different or additional approach to the same facts, the ani
allowed even after the expiry of the statutory period'.
Order
6 Rule 17 C.P.C
AMENDMENT
OF PLAINT.
The
amendment in a plaint dates back to the filing of the sun
0 Comments
Thank you for your response. It will help us to improve in the future.