Application Under Order 6 Rule 17 of CPC for amendment in the plaint. How to write an application for amendment in the plaint pending before the court. The sample /draft is given below.

Application Under Order 6 Rule 17 of CPC for amendment in the plaint

 IN THE COURT OF  (name of the judge) LEARNED CIVIL JUDGE

            In the matter of:

ABC     Vs        XYZ

(SUIT FOR SPECIFIC PERFORMANCE AND PERMANENT INJUNCTION)

APPLICATION UNDER ORDER 6 RULE 17 OF CPC FOR AMENDMENT IN THE PLAINT

Respectfully Sheweth:

1.                  That the above caption suit filed by the applicant/plaintiff is pending before this Hon’ble court and fixed for today.

2.                  That on 13.04.2018, this Hon’ble court passed a status quo order in favor of the plaintiff to the extent of selling, alienating, or transferring the suit land in any manner whatsoever.

3.                  That now it came into the knowledge of the applicant/plaintiff that the defendant/respondent in connivance with the concerned Halaqa Patwari and Sub Registrar intends to transfer the suit property in favor of any third party or person despite knowing this fact that this Hon’ble court passed status quo order regarding the suit property to the extent of transferring, alienating and selling the suit property in any manner whatsoever, hence the applicant/plaintiff seeks mandatory injunction against the concerned Halqa Patwari and sub-registrar.   

4.                  That the applicant being a plaintiff wants to seek certain following amendments to the plaint: -

i.                    “Suit for a mandatory injunction” in the head note of the suit by impleading the Halqa Patwari Mouza  Siham, and Sub Registrar.

ii.                    “A decree for mandatory injunction by directing the concerned Halqa Patwari and Sub Registrar that not to issue any Fard or transferring the suit property in favor of any third party or person in any manner whatsoever” in the prayer clause. 

5.                  That the above-mentioned amendments will neither change the nature of the suit nor the right of the defendant/respondent are infringed.

6.                  That if the above-mentioned amendments are not allowed to the applicant/plaintiff, the applicant/plaintiff shall suffer an irreparable loss.

It is, therefore, respectfully prayed that the application may kindly be accepted by allowing the applicant/plaintiff for the above-mentioned amendments, and the applicant/plaintiff may kindly be granted permission to file an amended plaint, for the best interest of justice.

Any other relief, which this Hon’ble Court deems fit and proper may also be granted to the instant applicant.

Applicant/plaintiff

Through

 

(Counsel)

Note: To attach an affidavit in support of the application.