Can I file for amendment to claim ₹3 crore compensation?
Sir, my Muslim mother has filed a suit against her brother for claiming her 1/3rd share in her father's property. The suit is currently at the stage of arguments. I would like to know if I can file an application for amendment to include a claim for compensation of 3 crore rupees. Is this possible?
As per the Civil Procedure Code (CPC), amendments to pleadings can be sought under Order VI, Rule 17, provided they do not alter the nature of the suit and are necessary for determining the real issues in controversy. In your case, adding a claim for compensation of ₹3 crores, which is unrelated to the partition and inheritance claim, might be considered a new cause of action and could be rejected. However, consult your advocate to assess if this claim can be justified as ancillary to the original dispute.
Based on Order VI Rule 17 of the Civil Procedure Code, an amendment to the plaint can be filed at any stage of the proceedings if it's needed to determine the real matter in controversy. However, adding a completely new monetary claim for compensation at the argument stage would likely be considered a substantial alteration of the nature of the suit, especially since it wasn't part of the original cause of action. Courts generally don't allow such major amendments at such a late stage unless there are exceptional circumstances that justify the delay in making this claim.
Sir, you can file an application for amendment under Order VI Rule 17 of the CPC, even at the argument stage, to include a claim for ₹3 crore compensation if it is related to the ongoing property dispute. It is advised to consult an expert lawyer who will assist you in navigating the complexities of matter. For further legal assistance contact us on our helpline number.
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