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Affidavit I

The document is an affidavit in support of an application to amend a plaint in a court case. It includes the plaintiff's solemn affirmation that he is familiar with the facts of the case and that the contents of the application to amend are true to his knowledge. Several case law citations are provided relating to Order 6 Rule 17 of the Code of Civil Procedure, which governs the amendment of pleadings. The case laws establish that amendments should generally be allowed if they do not alter the nature of the suit or cause prejudice, and can relate to events after the initial filing or provide additional approaches to the same facts.

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50 views2 pages

Affidavit I

The document is an affidavit in support of an application to amend a plaint in a court case. It includes the plaintiff's solemn affirmation that he is familiar with the facts of the case and that the contents of the application to amend are true to his knowledge. Several case law citations are provided relating to Order 6 Rule 17 of the Code of Civil Procedure, which governs the amendment of pleadings. The case laws establish that amendments should generally be allowed if they do not alter the nature of the suit or cause prejudice, and can relate to events after the initial filing or provide additional approaches to the same facts.

Uploaded by

mukesh gst
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as RTF, PDF, TXT or read online on Scribd
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AFFIDAVIT

IN THE HIGH COURT OF THE....................

LA. No..................... of 19....................

Suit No..................... of 19........................................

C. F.................................................. Plaintiff/Applicant

versus

CD............................................................... 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 abovesaid 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.................... that 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 constitute the addition of a new cause
of action or raise a different case but amounts to no more than a different or additional approach
to the same facts, the amendments will be allowed even after the expiry of the statutory period1.

Order 6 Rule 17 C. P. C.

AMENDMENT OF PLAINT.

The amendment in a plaint dates back to the filing of the suit2.

AMENDMENTS OF PLEADINGS.
Order 6, Rule 17

All amendments of the pleadings should be allowed which are necessary for determination of
the real controversies in the suit provided the proposed amendment does not alter or substitute
a new cause of action on the basis of which the original lis was raised or defence taken.3

AMENDMENT RELATING TO EVENTS OCCURRED SUBSEQUENT TO FILING OF SUIT.

Order 6 Rule 17

The amendment relating to events which occurred subsequent to filing of suit could be
allowed.4

AMENDMENT IN PLEADINGS

Order 6 Rule 17

Amendments are allowed in the pleadings to avoid uncalled for multiplicity of litigation.5

AMENDMENT OF PLAINT

Order 6 Rule 17

An amendment of plaint should be generally allowed where nature of suit is not altered provided
it does not cause prejudice or surprise to the opposite party.6

1. J. C. Rudrasharma v. H. K. Subramanyam, 1996(2) C. C. C. 358 (Kant. )

2. Ganesh Prasad v. Jang Jeet Singh, 1996(2) C. C. C. 263 (All. ).

3. B. K. N. Pillai v. P. Pillai, AIR 2000 SC 614.

4. Tertuliano Renato de Silva v. Francisco Lourenco Betten court de silva, 2000


(3) CCC 1 (Bom.).

5. Raju Thilak D. John v. S. Rayappan, 2001 (1) CCC 109 (SC).

6. Anita Singh Chauhan v. Kedar Nath, 2000 (1) CCC 1 (Delhi).

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