Application for Amendment of Memo of Parties in High Court

APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING PERMISSION TO PLACE THE AMENDED MEMO OF PARTIES ON RECORD

TO,
THE HON'BLE CHIEF JUSTICE AND HIS/HER COMPANION JUSTICES OF THE HIGH COURT OF __________________

The humble application of the Applicant above named:

MOST RESPECTFULLY SHOWETH:

1. That the above-captioned petition/proceeding is pending before this Hon'ble Court and is presently listed for consideration on ____________.

2. That the existing memo of parties requires amendment because ________________________________. The proposed amendment is necessary for the proper and effective adjudication of the matter.

3. That, where applicable, the proposed amendment concerns the addition/deletion/substitution/correction of the name or description of a party. The Applicant states that the amendment is bona fide and is not intended to alter the substantive nature of the proceedings.

4. That the proposed amendment is necessary to ensure that the correct and complete particulars of the parties are reflected in the record of this Hon'ble Court and to avoid procedural prejudice or multiplicity of proceedings.

5. That no prejudice incapable of being compensated in law will be caused to the other side if the amended memo of parties is taken on record. Any consequential direction regarding service may be passed as this Hon'ble Court deems appropriate.

6. That the amended memo of parties is filed along with this application and may kindly be taken on record.

7. That the present application is bona fide and is being made in the interest of justice.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

a) permit the Applicant to file and place on record the amended memo of parties annexed with the present application;

b) where necessary, permit the consequential addition, deletion, substitution or correction of the concerned party/particulars in accordance with law;

c) direct such consequential service or filing as may be required; and

d) pass any other or further order(s) that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AFFIDAVIT

I, ____________________________, son/daughter/wife of ____________________________, aged about ____ years, resident of ________________________________________________, do hereby solemnly affirm and state as under:

1. That I am the Applicant / authorised representative of the Applicant in the accompanying application and am well acquainted with the facts and circumstances of the case and competent to swear this affidavit.

2. That I have read and understood the contents of the accompanying application. The statements made therein are true and correct to my knowledge and belief, based on the record of the case and legal advice received, and nothing material has been concealed therefrom.

DEPONENT

VERIFICATION

I, the above-named Deponent, verify that the contents of paragraphs 1 and 2 of this affidavit are true and correct to my knowledge and belief, no part is false and nothing material has been concealed therefrom.

Verified at __________________ on this ____ day of __________, 20__.

DEPONENT