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Order 6 Rule 17 CPC

The document is an application by the defendant (CD) to amend the plaintiff's (AB) complaint. CD seeks to add an acknowledgment of debt in writing by AB as paragraph 3A of the complaint. This acknowledgment is necessary to prevent the complaint from being rejected as time-barred. CD argues the amendment is in the interest of justice so the real issues between the parties can be decided.

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Simran Bagga
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15K views

Order 6 Rule 17 CPC

The document is an application by the defendant (CD) to amend the plaintiff's (AB) complaint. CD seeks to add an acknowledgment of debt in writing by AB as paragraph 3A of the complaint. This acknowledgment is necessary to prevent the complaint from being rejected as time-barred. CD argues the amendment is in the interest of justice so the real issues between the parties can be decided.

Uploaded by

Simran Bagga
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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APPLICATION UNDER ORDER 6, RULE 17 CODE OF CIVIL PROCEDURE CODE, 1908 FOR AMENDMENT OF PLAINT

IN THE COURT OF..

In the matter of: Mr AB (name, description and address) ..Plaintiff

Versus

Mr CD (name, description and address) Defendant

The humble petition of CD, the defendant above-named most respectfully submits as under:

1. That on . The petitioner instituted the above suit for recovery of Rs .. due on a promissory note dated .executed by the opposite party in favour of the petitioner. 2. That the opposite party wrote a letter dated . to the petitioner, unconditionally acknowledging his liability for the amount then due on the said promissory note. 3. That through mistake or inadvertence, the said acknowledgment in writing has not been pleaded in the plaint herein.

4. That without an averment of the said acknowledgment the plaint is liable to be rejected as being barred on the very face of it. 5. That it is necessary in the interest of justice that the petitioner should be allowed to amend his plaint by adding the following paragraph as paragraph 3A in the body of the plaint: By letter dated. The defendant unconditionally acknowledges in writing his liability to pay the sum then due on the said promissory note. 6. The amendment is necessary for deciding the real question in controversy between the parties. It is therefore, prayed that the petitioner may be allowed to amend the plaint as above in the interest of justice.

Plaintiff/Petitioner Through Counsel Place.. Date

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