Amendment of pleadings

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151 CPC FOR AMENDMENT OF THE [PLAINT / WRITTEN STATEMENT]

Respectfully showeth:

1. That the applicant filed the [PLAINT / WRITTEN STATEMENT] on [DATE], and the case is now at the stage of [STAGE].
2. That the applicant seeks to make the following amendments: (a) in paragraph [__], for the words "[EXISTING TEXT]", substitute "[PROPOSED TEXT]"; (b) after paragraph [__], insert a new paragraph [__]: "[PROPOSED TEXT]"; (c) [__]. A copy of the amended [plaint / written statement] is annexed.
3. That the amendment is necessary for determining the real questions in controversy between the parties because [REASON].
4. That the effect on the nature of the [suit / defence], existing admissions and the other party is [SPECIFY]. Any prejudice can be addressed by [TERMS AND OPPORTUNITY], for the reasons stated below.
5. [If trial has commenced: That despite due diligence, the applicant could not have raised the matter before the commencement of trial because [REASON], as required by the proviso to Order VI Rule 17.]
6. That each proposed change is shown in a comparison schedule: existing paragraph [ ], exact deletion [ ], exact insertion [ ], and consequential prayer/valuation change [ ]. The clean amended pleading accompanies this application.
7. That the amendment concerns the real controversy because [specific issue]. It is based on [existing transaction / later event] occurring or discovered on [date], supported by [record].
8. That the trial [has / has not] commenced, with reference to [orders and stage]. If commenced, despite due diligence the matter could not have been raised earlier because [steps, dates and impediment]; a bare inadvertence assertion is not relied on.
9. That the proposed amendment [does / does not] affect an admission, introduce a new claim or alter the nature of the case; the actual effect is [analysis]. Any accrued limitation defence is addressed by [dates and legal basis].
10. That prejudice can be met by [reply, additional issue, evidence opportunity and costs], and the reasons the proposed change is bona fide are [facts].
11. That [OPTIONAL: retain only after verifying the cited rule and these facts] each amendment in [comparison schedule] addresses [real issue]. Applying Revajeetu, necessity, bona fides, limitation, admissions and prejudice are answered by [specific facts]; if trial has commenced, the separate due-diligence requirement is satisfied by [dated steps and impediment].

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be permitted to amend the [plaint / written statement] as proposed, and the amended pleading may be taken on record.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant