Amendment of pleadings – Drafting

Amendment of pleadings

A pleadings could go wrong for various reason, at that situation a pleadings requires an amendment to serve its purpose. The term amendment of pleadings is very self-explanatory, In certain situation, a pleadings may need an amendment to serve its purpose.  This amendment is called the amendment of pleadings.

The concerned party can apply for an amendment of pleadings to the court to add, subtract or correct the pleadings. The parties require an amendment of pleadings can ask for order via application of amendment and the court shall consider their application based on the law, principals and decision of cases.

Amendment of Pleadings drafting

APPLICATION OF AMENDMENT OF PLEADINGS

Drafting of applicaiton of Amendment of pleadings


IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA 

TITLE SUIT NO. 20  OF 2016 

Azizul Hakim,  
Son of late Abdul Hakim 
of House No.23, Road No.12, Dhanmondi,  
Police Station- Dhanmondi, Dhaka-1215 

———- Plaintiff – Petitioner 

VERSUS 

Ziaul Ahsan 
son of Moinul Ahsan  
of House No.45, Road No.3,  Azimpur,  
Police Station-Lalbag, Dhaka 

———- Defendant – Opposite party

In the matter of 

A petition for amendment of Plaint under Rule 17, Order 6 of the Code of Civil Procedure, 1908. 

The humble petition for and on behalf of the Plaintiff – Petitioner most respectfully. 

And for this act of kindness the plaintiff-petitioner as in duty bound shall ever pray.

SHEWETH 

  1. That the plaintiff petitioner instituted the suite on 01.02.2016 for declaration under section 42 of the Specific Relief Act, 1877 against the defendant. 
  1. That the suit is pending in this Hon’ble court and is fixed for hearing on 01. 06. 2016 
  1. That the learned advocate of the plaintiff has drafted the plaint in hurry to give the client immediate relief, in his honest endeavor some mistake crept into the plaint and several omissions were made which need to be corrected and inserted by the way of amendment of plaint. 
  1. That the amendments sought for as follows: 
  • In page No.2 at para 3 the digit “264” shall be substituted by digit “246”. 
  • After paragraph No. 9 of the plaint a new paragraph requires to be inserted as Paragraph no. 9A with following words;  

“That after the death of defendant’s father defendant came to the plaintiff and requested him to provide him a job to survive.” 

  1.  That the amendment shall be needed to determine the real question of controversy. 
  1. That the proposed amendment shall not change the nature or the character of the plaint and it shall not be prejudice to the other party. 
  1. That If the court shall not grant the petition of amendment of plaint, the plaintiff petitioner shall be highly prejudiced.

Wherefore it is most humbly prayed that your lordship would graciously be pleased to allow the petition of amendment and pass an order for the necessary amendment accordingly for the ends of justice. And to pass such other order as deemed fit and proper.  

And for this act of kindness the plaintiff-petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, Azizul Hakim Son of – late Abdul Hakim and Amina Begum, Permanent residence of House No.23, Road No.12, Dhanmondi, Police Station- Dhanmondi, District – Dhaka, aged 60 years by Faith- Muslim, by profession- Businessman, By Nationality- Bangladeshi do hear by solemnly affirm and say as follows.  

  1. That I am the petitioner of this application and well acquainted with the facts and circumstances of this case and competent to swear this affidavit. 
  1. That the statements made above are true to the best of my knowledge and belief. 

Prepared in my office 
 

————————- 
Advocate (Notary Public) 

———————— 
Signature of the Deponent  

The deponent is known to me and identified by me. 
 

————————– 
Advocate 

Solemnly declared and affirmed before me on 
This ____ day of ____ 20 __. 

You may use this ready drafting; please click in the full screen mode to download it.

After the application of Amendment of Pleadings if the opposite party thinks that application amendment of pleadings is presented in mala fide intention then the opposite party may present Objection petition as to amendment of pleadings.

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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