...Order 6 Rule 17 CPC for amendment of plaint as well as affidavit of petitioner No.2, was dismissed. Notice of motion was issued. Learned counsel for respondents appeared and contested the.../- along with interest. During the pendency of the suit, an application under Order 6 Rule 17 CPC was filed by the plaintiffs for amendment of plaint as well as affidavit of Sanjay...plaint as well as affidavit of Sanjay Jain and also want to amend the plaint in the manner as detailed in the application. The defendants-respondents appeared and filed reply, wherein, it is stated that if the proposed amendment is...

...filed challenging the Notification dated September 25, 1991 are allowed. Counter-affidavit by way of reply to the amendment in the petitions to be filed within three weeks and rejoinder, if any, within..., 1992.2. W.P No. 1094 of 1991 be tagged on with these cases.3. Delay in filing amendment applications is condoned. All amendment applications...one week thereafter.4. All amendments be carried out now in red ink in the original petitions within a week.5. Hearing of the cases is...

...an application for amendment of the counter affidavit filed by Opposite Party No. 1. 6. Having heard the learned counsel for the parties, we are satisfied that the counter made in this...in the counter affidavit as per the schedule of proposed amendment mentioned in the application. The consolidated copy of the counter affidavit incorporating the amendment be filed within seven days...petition deserves to be allowed without prejudice to the rights and contentions of the parties. 7. The I.A. is accordingly allowed. 8. Let the amendment be carried out...

...seeking amendment of affidavit stating that there is a typographical error in the affidavit with regard to the possession of the articles and jewels, that came to be allowed by the trial Court accepting.... and would submit that once admission is made in the form of pleadings no amendment is permissible, which will amount to withdrawing the admission, which is not...requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview. The plea of amendment being barred under Order II...

...seeks amendment of the affidavit of assets and consequential amendment to the decree passed on August 24, 2016. The defendants are represented. The defendants have no...terms of the Terms of Settlement which was made part of the application. The plaintiff now contends that, the affidavit of assets did not reflect the true assets. Two properties are...GA No. 2612 of 2017 TS No. 11 of 2016 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION In the goods of: BEDANA MULLICK (DECEASED) SRI SOMENATH MULLICK VERSUS...

...Debangsu Basak, J.:— The Court: This is an application for amendment of the affidavit of assets filed in the probate proceedings. Learned Senior Counsel for the petitioner submits that one...the affidavit of assets. In view of such deletion, such person should not have any further grievance with regard to the grant of probate.2. Learned Advocate appearing for Bhavit Bole submits that, in the event the prayer for amendment as....3. The application is for amendment. The propounder seeks to have the affidavit of assets of the deceased amended as shown in red ink in the copy of the affidavit of assets annexed to the...

...1. The Court: This is the second time that the executor who is the applicant seeks amendment of the affidavit of assets of the deceased after grant of the probate. Counsel submits that...the probate was granted on 21st December, 2017 and an earlier amendment to the affidavit of assets was allowed by an order of a learned Single Judge dated 13th January, 2021. Counsel places paragraphs 6...included in the affidavit of assets are mentioned in paragraph 8 of the application in the form of a tabulated statement. Counsel submits that the assets mentioned in the present application were...

...1. The matter is taken up through Hybrid mode. 2. By this miscellaneous application, the Opposite Party No. 1 seeks amendment of the counter affidavit in...will have no objection, if the amendment is allowed. 5. Perused the nature of amendment as proposed. We do not find any impediment. Hence, the prayer for amendment stands allowed. Opposite Party No. 1 is permitted to amend in the counter affidavit subject...terms of the schedule of amendment as provided in this application. 3. According to Mr. S.K. Sarangi, learned counsel appearing for the Opposite Party No. 1...

...? (2) Is it permissible to allow amendments without justifying the same in the affidavit in support of the amendment petition...with reference to the averments in the affidavit in support of the amendment petition, the learned counsel failed to point out substantive or even evasive averments in the affidavit in support of the... foundation for the same in the original plaint itself and in the affidavit in support of the amendment petition. He submitted further that...

...fact that the said IAs were filed after the affidavit of evidence had been filed by the appellant-plaintiffs. Despite noticing the proviso appended to Order 6 Rule 17 of the Code, it was held:“… According to Order 6 Rule 17, an amendment application...can be filed at any stage of the proceeding. Filing of affidavit by way of evidence itself is not a good ground to reject the application filed seeking amendment of...filed on 17-4-2004. An application for amendment of the written statement was filed on 8-11-2006. In between the period 17-4-2004 and 8-11-2006, however, indisputably issues were framed and parties...

...paragraph no. 3 of the affidavit. Since, the amendment is being sought in the affidavit, the same cannot be permitted to be done. 3. In view of the same, learned counsel for the applicants may...Opposite Party :- State of U.P. and Another Counsel for Applicant :- Maohammd Nadeem Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. In Re: Criminal Misc. Amendment Application...No. 3 of 2024 1. Heard Sri Maohammd Nadeem, learned counsel for the applicants and Sri Ajay Singh, learned AGA-I for the State. 2. This is an application for amendment for amending...

...the amendment of the affidavit filed by the petitioner association in support of W.P. No.5127 of 2020 to substitute the wrongly mentioned Service Connection Nos.296006892, 296006893, 296004102....Superintending Engineer CEDC / SOUTH II Chennai - 113 Respondent(s) PRAYER Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to allow the amendment...of the affidavit filed by the petitioner association in support of W.P. No.5127 of 2020 to substitute the wrongly mentioned Service Connection Nos.296006892, 296006893, 296004102, 296004101 and...

...opposite parties 2 to 7. 4. Perused the affidavit filed in support of the amendment application. Upon perusal of the affidavit file in support of the amendment application, this Court...clause of this criminal revision. Prayer prayed for by means of aforementioned amendment application is bona-fide. The same is not opposed by the learned A.G.A. and the learned counsel representing...finds that the amendment prayed for by the learned counsel for revisionist in the prayer clause of this criminal revision is essential for effective adjudication of this criminal revision...

...Rule 17 of the Code seeking amendment of the plaint to incorporate specific pleading in compliance with the above section of the Specific Relief Act and the Code on the ground that the same was missed due to typographical error. On 4-10-2010, Karimnagar Diocese filed counter-affidavit resisting..., the Court reserved the matter for orders.9. Meanwhile, on 24-9-2010, the respondents herein filed a petition praying for amendment of the plaint. In support of the said application, Plaintiff 2 has filed an affidavit stating...petition being No. 5162 of 2010. The High Court, by the impugned order dated 8-2-2011, allowed the amendment sought for by Respondents 1 and 2 herein. Aggrieved by the said decision, the appellants have...

.... Further amendment was sought to include the affidavit being filed by the petitioners son, in support of the plea that the son was the (2 of 3) [CW-4052/2017] tenant and not the petitioner...the conclusion that application seeking amendment for the purpose of filing affidavit of a witness was not required and, consequently, dismissed the application. It is submitted by learned counsel for the petitioner that the only difficulty, which the petitioner faces is that on account of the dismissal of the prayer for amendment for...introducing the affidavit of petitioners son, the said affidavit as witness may not be permitted to be filed by the Tribunal subsequently. So far as the order rejecting the amendment regarding...

...trial” in the said proviso is not synonymous with framing of the issues. The trial does not commence unless and until the suit is set down for recording of evidence. Filing of affidavit of the plaintiffs' first witness by way of his examination-in-chief is not recording of evidence;(c) Raising the matter in the said proviso means raising the matter in any proceeding in the suit and not necessarily in the amendment application...Nadiad which was numbered as Special Civil Suit No. 156 of 2002.4. The respondent-plaintiffs filed application for amendment of the plaint of Special Civil Suit No. 156 of 2002...and also produced further documents vide list, Ext. 25. The trial court granted amendment of the plaint and further dismissed the application of the appellants objecting to the jurisdiction of the...

.... Mr. Lal Ratan Mondal, Adv. The Court : This is an application for amendment of the petition for grant of probate. In the petition it is stated that there are certain mistakes occurred in the affidavit of...the application for the grant of probate and in the affidavit of assets. The amendment is formal in nature. However, the prayer is opposed on behalf of one of the married sisters of the deceased Smt...assets. In paragraph 4 of the petition, the proposed amendment is indicated. By the proposed amendment, the petitioner wants to correct certain errors in...

...evidence for the purpose of the trial. Further, on amendment of the pleadings, a fresh affidavit shall have to be filed in consonance thereof." (E.S.) The other judgments cited by petitioner are...based on the judgment of Salem (supra) and no different view has been taken in subsequent cases. The underlined portion of the judgment nowhere shows that there is any requirement of filing of affidavit along with the amendment application.... As per the judgment, on amendment of the pleadings, a fresh affidavit must be filed. Thus, I am unable to agree with the contention advanced by the petitioner...

...cruelty. The same petitioner filed I.A No. 515/2014 for amendment of the O.P In the affidavit filed in support of the petition for amendment it is stated that some allegations of cruelty meted out by her...JUDGMENTHarun-ul-Rashid, J.The O.P is filed seeking to set aside Ext.P5 order dated 30.7.2014 in I.A No. 515/2014 in O.P No. 232/2013 on the file of the...Family Court, Mavelikkara. The respondent as petitioner filed O.P No. 232/2013 seeking a decree of divorce under Section 10(1)(x) of the Indian Divorce Act on the ground of...

.... Under such circumstances, the amendment of the plaint as annexed to the supplementary affidavit being Annexure C to the said affidavit is granted and the department shall carry out...amendment is carried out by the department concerned. However, pages 53 and 54 of the supplementary affidavit relating to the original verification and the affidavit verifying the plaint...such amendment within a period of three weeks from date. There shall be an order in terms of prayer (c). Consequent upon the amendment if the defendants so advised may file their...