Application for Amendment of Pleadings

IN THE COURT OF THE LEARNED court_designation, district

Civil Suit No. _____ of year

plaintiff_name ... party_status

VERSUS

opposite_party_name ... opposite_party_status

APPLICATION FOR AMENDMENT OF PLEADINGS UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908

Respectfully sheweth:

1. That the present suit/proceedings are pending before this Honourable Court, and party_applicant has filed the pleading_type on pleading_date.

2. That party_applicant seeks leave to amend the pleading_type in the following manner and to the following extent, namely:

amendment_details

3. That the proposed amendment is necessary in order to determine the real question in controversy between the parties and to secure complete and effective relief is granted as between them.

4. That the amendment does not introduce any new cause of action but merely clarifies or adds factual particulars already implicit in the original pleading.

5. That the proposed amendment is bona fide and is not made for the purpose of harassment or delay, but to enable full and fair determination of the suit.

6. That the amendment is being sought in a timely manner before final disposal of the suit and when the opposite party has had opportunity to file response and participate fully in the proceedings.

7. That allowing the amendment will not cause any material prejudice to the opposite party, as the substance of the case remains unchanged and the opposite party shall have full opportunity to contest the amended pleading.

8. That party_applicant is seeking this amendment in the interests of justice and to secure the suit is decided on the actual facts and law applicable to the dispute.

WHEREFORE

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Grant leave to party_applicant to amend the pleading_type as proposed above;

(b) Direct the amended pleading_type to be filed within such time as may be fixed by the Court;

(c) Grant opposite_party_name adequate time to file response to the amended pleading; and

(d) Pass such further or other order as deemed just and proper in the circumstances.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ party_applicant party_status Through: _____________________________ counsel_name Advocate