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advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, September 4, 2010

Amendment of Pleadings Or.6,Rule 17,18 C.P.C.

1].AMENDMENT OF PLAINT -SHALL BE SUBJECT TO CERTAIN CONDITIONS, NAMELY,[1] WHEN THE NATURE OF THE SUIT IS CHANGED BY PERMITTING AMENDMENT ;[2]WHEN AMENDMENT WOULD RESULT IN INTRODUCING NEW CAUSE OF ACTION AND INTENDS TO PREJUDICE THE OTHER PARTY AND [3]WHEN ALLOWING AMENDMENT APPLICATION DEFEATS THE LAW OF LIMITATION-2009[1]ALT22.4[SC]=2008[4] SC J 680. 2]. seeking amendment of plaint for declaration and cancellation of documents, after filing written statement where the defendant has taken the same objections in his written statement, for declaration and cancellation is 3 years and amendment sought for ,after 4 years of written statement, is not maintainable-1996 S A.R. civil 639.