Amend Period Pdf For Free

Unless the court suo motu directs to join any other person not party to the suit for effective decree and/or for proper adjudication as per Order 1 Rule 10 CPC, nobody can be permitted to be impleaded as defendants against the wish of the plaintiffs.

(ii) Section 153 (amendment of proceedings in a suit by the court, whether moves thereto by the parties or not, for the purpose of determining the real question or issue between the parties). (v) Order 6, Rule 16 (amending your opponents pleading: compulsory amendment).

?The binding various precedents which cover the field make it incontestable that, what is expected of a Trial Judge is to verify whether the plaint is an abuse of process; and whether any of the inhibiting factors as enumerated thereunder are attracted, so as to render the same incompetent and incapable of prosecution. ...

Order 7 rule 11 Cause of Action Therein, it has been stated that for the purpose of instituting a suit, the cause of action needs to be explicitly mentioned in the plaint. If it has not been mentioned, then the plaint will be rejected by the Court. It is the sole reason why a civil suit exists in the first place.

The Delhi High Court recently said that Courts must judiciously use the provision for rejection of plaint, Order VII Rule 11, to dispose of the pleas expeditiously and to discard frivolous litigation.

Order 6 Rule 17 CPC allows for the amendment of pleadings. This provision grants the court the power to allow parties to modify or alter their pleadings, including the plaint or written statement, at any stage of the proceedings.

In case, the time limit is not specified, it is presumed that within 14 days from the date of order, the amendment is to be made. If the party has not made any such amendments within the time, he shall not be permitted to amend after the expiry of the specified time unless the court extends the time.