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Author Topic: filing changes to suit - property details  (Read 164 times)

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Offline Premsundar prasad

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filing changes to suit - property details
« on: May 12, 2018, 08:54:32 PM »
hi
in case of a civil property suit that i am fighting against a temple authority in tamilnadu, how easy is it to get the schedule of property changed due to some recent findings after the recent survey. i need to make changs to the boundaries and phsyical measurement already given at the time of filing the plaint.
what is the process to get it done. can the judge reject it since case is in trial phase now or will it just be a matter of gettinng a memo of change filed..and will there be any hearing to justify this change.

Offline advjaibansal

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Re: filing changes to suit - property details
« Reply #1 on: May 13, 2018, 09:49:21 PM »
Dear Sir,

You may file an amendment application under order 6 rule 17 of Civil procedure code explaining the reasons for amendment. You may also seek permission to file the amended Map of the property. If court will be satisfied with the reasons for amendment then court may allow the amendment application.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Deepak Joshi

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Re: filing changes to suit - property details
« Reply #2 on: May 14, 2018, 01:56:56 AM »
Order VI rule 17 CPC 1908.
Amendment of Pleadings.- the Court may at any stage at the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Offline kalaskarkk

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Re: filing changes to suit - property details
« Reply #3 on: May 21, 2018, 10:04:02 PM »
Dear Sir,
It will be allowed provided you have no knowledge about actual boundaries and measurements and such development made during the pendency of suit and such amendment to the suit schedule property is required in the interest of both the parties and effectual disposal of the suit. The relevant provision is reproduced below. You may avail my services.

Order 6 Rule 17 of Civil Procedure Code   
17. Amendment of Pleadings.- the Court may at any stage at the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
« Last Edit: May 23, 2018, 12:44:59 AM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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Re: filing changes to suit - property details
« Reply #3 on: May 21, 2018, 10:04:02 PM »

 

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