Amendment of petition

Reasons for amendment

1) To fix mistakes in the petition. Eg. in gwa application, it is commonly seen that many people miss to file a declaration in terms of Section 10 of the Act along with the verification clause. If you have not yet filed GWA application, you can refer to this post to understand how to meet the requirements of Section 10.

How to file amendment?

Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. You can read more details elsewhere on when court allows amendment and when it does not. In nutshell, it should not cause injustice to any party and should have some reason.

Case in point is of "Gautam Wason Vs Reena Chopra, 27 April, 2017" where husband had filed GWA without section 10. Court asked him to provide declaration which he provided after a month but then court asked to provide it through application for amendment. The husband filed the amendment application after 3 days but then his amendment application along with the case was listed after 2 months. He moved an application for seeking advancement of the date of hearing in the amendment application which was rejected. He moved to high court but by the time his case turned up in high court, it was just 7 weeks had already passed out of 8 weeks and HC happily dismissed his case. 

Quoted Verbatim:

"Learned counsel for the appellant states that on 31.1.2017, the appellant had filed a petition before the court of the learned Judge, Family Court under Sections 7 and 25 of the Guardians and Wards Act for seeking custody of his two minor children from his wife, the respondent herein. On 01.02.2017, he was directed to file a declaration in terms of Section 10 of the Act alongwith the verification clause that was missing in the petition. On 28.02.2017, the appellant filed a declaration alongwith the verification clause. However, learned Judge, Family Court directed that the appellant ought to have filed an application for seeking amendment of the Guardianship petition. On 02.03.2017, the petitioner filed an application under Order VI Rule 17 CPC seeking amendment of the Guardianship petition alongwith the proposed petition. The said application was however directed to be listed on the date already fixed, i.e., 09.05.2017. Aggrieved by the said order, the appellant filed an application for seeking advancement of the date of hearing in the amendment application, which has been rejected by the impugned order."

Sample application for the amendment:

Full application is available at original link and backup link.

================ BEGIN ==========================

 IN THE HON’BLE xx COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

IA NO. OF 20xx

IN

PIL Writ Petition (Civil) No. xx of 20xx

(Under Order LV Rule 6 of the SCR 2013)


IN THE MATTER OF

Ramdoot …Petitioner.

Versus

Demon and Others ...Respondents.

APPLICATION FOR AMENDMENT OF THE WRIT PETITION

To

The Hon’ble Chief Justice of India and his companion Justices of the Supreme Court of India.

The humble petition of the petitioner above named

MOST RESPECTFULLY SOWETH:

1. That the applicant had filed the instant writ petition for enforcement of Article 19(1)(a) of the Constitution and to effectuate meaningful implementation of the judgments of this Hon’ble Court in Association for Democratic Reforms (AIR 202 SC 2112), People’s Union for Civil Liberties (PUCL) (AIR 2003 SC 2363), Resurgence India Vs. Election Commission of India and Another (AIR 2014 SC 344) and Krishnamoorthy Vs. Sivakumar (AIR 2015 SC 1921) in this regard for restoring and maintaining the purity of our highest legislative bodies in accordance with the intentions of the founding fathers of the Constitution and the concern expressed by the framers of the Representation of the People Act, 1951.

2. That, subsequent, to the filing of the writ petition there have been certain developments necessitating filing of this amendment application. Also, on 4.7.2016 the Hon’ble Court was graciously pleased to adjourn the matter to enable the petitioner in person to study in depth the issue raised in the writ petition in wider perspective. Accordingly, the instant application is being filed for permission to amend the writ petition as follows.

3. That the following paragraphs may kindly permitted to be added after para 40 in the writ petition-

4. That the aforesaid facts and documents fully support the Prayers in the writ petition as amended and the application for interim relief. It is therefore, expedient in the interest of justice that the amendments proposed in paras 3, 4 and 5 are permitted to be incorporated by way of amendment to the writ petition. 

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:

(i) allow this application for amendment of the writ petition as per paras 3 of this application, and/or,

(ii) pass such other or further orders as may deem fit and proper.

And for this act of kindness the applicant shall ever remain grateful.

xx

 Petitioner-in Person

================ END ============================

Ref.

1) https://taxguru.in/corporate-law/amendment-pleadings-order-vi-rule-17-cpc-1908.html

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