Application for Amendment of Plaint [Sample]

In the Court of Hon’ble Civil Judge, District Court, _____

 

Case No. ……/2017

IN THE MATTER OF:

Bajirao                                                                  …….Plaintiff

Versus

Natwarlal                                                         …….Defendant

INDEX

S.No.

Particulars

Page No.

1.

Application under Order VI Rule 17 R/w Section 151 of CPC alongwith affidavit

 

 

 

 

 

Defendant

_______(Place)

Dated: ________

                                                                                                                                             Through

Debolina Roy

                                                                                                                                                     (Advocate)

 

In the Court of Hon’ble Civil Judge, District Court, _______

Case No. ……/2017

IN THE MATTER OF:

Bajirao                                                                  …….Plaintiff

Versus

Natwarlal                                                         …….Defendant

APPLICATION UNDER ORDER VI RULE 17 R/W SECTION 151 OF CPC FOR FILING THE AMENDED Plaint ON BEHALF OF COMPLAINANT.

Most respectfully showeth:

1.     That the above-mentioned matter is pending before the Hon’ble Court and is fixed for hearing on 01/10/2017.

2.     That during the course of the drafting of the present case counsel for the complainant inevidently stated the date of notice as 2nd June 2013 instead of 2nd July 2013 and now the defendant wants to correct the date of sending of notice to 2nd July 2013.

3.     That the defendant by mistake mentioned the amount due as Rs. 50,000 and now the defendant prays leave to amend the contracted amount to Rs. 5,00,000.

4.     That the present application has been filled on the bonafide ground and no prejudice will be caused to the opposite party’s right if the present application is allowed.

5.     The present application for the amendment does not introduce any new fact and is purely technical in nature.

6.     That the present amendment is necessary for the purpose of determining the real question in controversy between the parties.

7.     That if the present application is not allowed then the complainant will suffer irreparable loss and hardship which cannot be compensated in terms of money.

 

PRAYER

It is humbly prayed before this Hon’ble Court, that it may be pleased to:

a.     Allow the present application and the defendant kindly be permitted to amend the plaint for filing the amended plaint.

b.     Pass any other order as it deems fit and proper in the interest of justice.

Defendant

Place:

Dated: _______

                                                                                                                                                           Through

 

Debolina Roy

[Advocate]

                                                                    

 

 

 

In the Court of Hon’ble Civil Judge, District Court, _______

Case No. ……/2017

IN THE MATTER OF:

Bajirao                                                                  …….Plaintiff

Versus

Natwarlal                                                         …….Defendant

 

AFFIDAVIT

 

I, Shri Natwarlal resident of Bhagwati Kunj, Nagla Sherkhan, Meerut, do hereby solemnly affirm and declare as follows:

1.     That I am the defendant in this suit and am conversant with the facts and circumstances of the present case, and competent to swear this affidavit.

2.     That the statements made herein above are true to the best of my knowledge, belief.

3.     That the contents of the application and the amended plaint are true and correct. That the annexures are true copy of their respective originals.

4.     That I signed it on this day of_____ day of _____, 2017 at Civil Court, Meerut.

 

Deponent

 

 

 

 

 

VERIFICATION

 

Verified at _________on this ____day of _______, 2017 that the contents of the Affidavit are true and correct to my knowledge and that no part of it is false and nothing material has been concealed therefrom.

 

 

                                                            DEPONENT

 

 

 

 

  

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Debolina Roy

Debolina is a final year law student at UPES, Dehradun. She aspires to become a litigator. Being an envrionmentalist she aims at serving and taking steps for preserving the environment. She lives by the motto of 'Nation First' and aims at bringing change for the benefit of our country.

2 Comments

  1. Hi debolina will you mind posting plaint in case where there is a arbitration clause it would of great help.

    • Hi Smita,
      As per my understanding in case of an arbitration agreement or presence of an arbitration clause in an agreement, a Section 8 application (Section 8 of Arbitration and Conciliation Act, 1996) is filed instead of a plaint. I would try to draft a Section 8 application.
      Thanks for your comment.

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