Objection petition as to amendment of pleadings

In a certain situation, a pleadings may need an amendment to serve its purpose.  This amendment is called the amendment of pleadings. To amend a pleading the who needs that amendment present an application of amendment before the court and then the court may grant such application of the amendment base on some criteria. If the other party thinks that amendment is not necessary and only presented for mala fide intention then the other party may object against the application of amendment with an objection petition as to amendment of pleadings.

An objection petition can be made on the ground where an amendment of pleadings is not to be allowed but it was allowed. Some of the reasons where the amendment of a pleading is to be rejected are mentioned below. 

Amendment of pleadings when not to be allowed

  1. if plaintiff’s suit wholly displaced by amendment,
  2. if amendment takes away the right acquired by time,
  3. if amendment introduced different or new or inconsistent suit,
  4. If it changes is the nature and character of the suit,
  5. when the amendment causes prejudice to other parties,
  6. when the claims are barred by law or time
  7. if ti made for unusual delay
  8. if it is not bonafide
  9. If such an amendment is not necessary at all.

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Objection petition as to amendment of pleadings
Objection petition as to amendment of pleadings

Objection petition as to 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 – Opposite party

VERSUS 

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

———- Defendant – Petitioner

In the matter of 

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

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

SHEWETH 

  1. That the plaintiff instituted the suit on 01.02.2016 for a declaration under section 42 of the Specific Relief Act, 1877 against the defendant.
  2. That the suit is pending in this Hon’ble court and is fixed for hearing on 01. 06. 2016
  3. That the defendant – petitioner replied all the claims made in the plaint and specifically denied all claims by the written statement.
  4. That after submitting written statement the plaintiff filed an application for amendment of plaint.
  5. That in that application the plaintiff changed the sale deed no. “264” to digit “246” Which has no relation to this suit what so ever and unknown to the defendant.
  6. That the plaintiff also added a para 9A after para 9, which has no significance to determine the real question of controversy.
  7. That in the amendment the plaintiff asked for an additional order of eviction which changes the nature and character of the suit.
  8. That the mentioned amendments shall not be needed to determine the real question of controversy.
  9. That the proposed amendment has mala fide intention and shall delay the trial.
  10. That If the court all owes 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 for rejection of the amendment of plaint 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, Ziaul Ahsan Son of – Moinul Ahsan and Fatema Khanom, Permanent residence of House No.45, Road No.3, Azimpur, Police Station-Lalbag, 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 __. 

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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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