Objection Petition as to Amendment of Pleadings in Bangladesh

Objection Petition as to Amendment of Pleadings in Bangladesh

The pleadings in a civil suit—whether by the plaintiff or defendant—are not always perfect at inception. Sometimes, in the interest of justice and clarity, an amendment to pleadings may be necessary. However, not all amendments are made in good faith or for a lawful reason. When an amendment is found to be unnecessary, prejudicial, or mala fide, the opposing party may file an objection petition under Order VI Rule 17 of the Code of Civil Procedure, 1908.

At TRW Law Firm, we represent clients not only in seeking amendments of pleadings but also in challenging improper amendments through carefully drafted objections. This article explores the legal framework, grounds for objection, procedures, and real-life litigation insights from TRW Law Firm.

What is Amendment of Pleadings?

An amendment of pleading refers to a change or addition made to the original plaint or written statement. It may be made to:

• Correct clerical or factual errors,
• Add new facts or legal grounds,
• Remove inconsistencies,
• Reflect recent developments.

However, every amendment must meet the test of necessity, relevance, and timeliness.

Legal Basis: Order VI Rule 17 CPC

Order VI Rule 17 CPC provides:

“The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just… Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence the party could not have raised the matter before the commencement of trial.”

Thus, amendments are discretionary and subject to judicial scrutiny.

Grounds to Object to Amendment

Amendments should not be allowed in the following circumstances:

1. Displacing Original Suit: If the amendment alters the fundamental structure or cause of action of the original suit.
2. Barred by Limitation: If the new claims introduced through amendment are time-barred.
3. Introduces Inconsistent or New Case: Where the plaintiff seeks to add a new story or case inconsistent with the earlier plaint.
4. Changes Nature and Character: If the amendment shifts the case from a declaratory suit to one seeking evictionor damages, it changes the character of the suit.
5. Prejudice to Opponent: If the amendment will seriously prejudice the opposing party by altering the direction of litigation.
6. Not Bona Fide: If made with mala fide intent to delay proceedings or ambush the defendant.
7. Unusual Delay: If the amendment is sought after a long unexplained delay, it can be refused.
8. No Significance: If the proposed changes do not help determine the real controversy, they should be disallowed.

TRW Law Firm’s Case Experience

📁 Case Background:

In Title Suit No. 20 of 2016, filed in the 5th Joint District Judge Court, Dhaka, TRW Law Firm represented the defendant. The suit involved a claim for declaration and recovery of possession.

⚖️ Facts:

• The plaintiff originally filed a plaint under Section 42 of the Specific Relief Act.
• After receiving the defendant’s written statement, the plaintiff sought to amend the plaint.

✍️ Proposed Amendments:

1. Change of sale deed number from “264” to “246”—an unrelated document.
2. Addition of paragraph 9A, which lacked legal relevance.
3. Introduction of a new claim for eviction, changing the nature of the suit.

🚫 TRW’s Objection Petition:

TRW filed an objection petition under Order VI Rule 17 CPC, citing:

• Prejudice to the defendant,
• No connection between amendment and real controversy,
• Introduction of eviction relief, changing suit nature,
• Mala fide intent to delay proceedings.

✅ Outcome:

The court accepted TRW’s objections and rejected the plaintiff’s amendment application, preserving the integrity of the original pleadings.

Sample Format of Objection Petition

📝 IN THE COURT OF 5TH JOINT DISTRICT JUDGE, DHAKA

TITLE SUIT NO. 20 OF 2016

Plaintiff – Opposite Party: Azizul Hakim, Son of late Abdul Hakim, of House No. 23, Road No. 12, Dhanmondi, Dhaka-1215.

Defendant – Petitioner: Ziaul Ahsan, Son of Moinul Ahsan, of House No. 45, Road No. 3, Azimpur, Dhaka.

In the matter of:

A petition opposing the amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908.

SHEWETH

1. That the suit is fixed for hearing on 01.06.2016.
2. That the defendant has filed a detailed written statement rebutting all claims.
3. That the plaintiff’s amendment seeks to change the sale deed no. 264 to 246—an unrelated deed.
4. That the newly added paragraph 9A is irrelevant to the core issue.
5. That the plaintiff’s attempt to introduce a claim for eviction is a material alteration, altering the suit’s nature.
6. That the amendment appears mala fide and will delay the proceedings.
7. That such amendments are unnecessary to determine the controversy and will cause serious prejudice to the defendant.

Prayer:

It is most humbly prayed that the Hon’ble Court will be pleased to reject the application for amendment of plaint in the interest of justice.

Affidavit Format in Support of Objection

I, Ziaul Ahsan, son of Moinul Ahsan and Fatema Khanom, of House No. 45, Road No. 3, Azimpur, Dhaka, aged 60 years, businessman, Bangladeshi citizen, do solemnly affirm:

1. That I am the petitioner and well-acquainted with the facts.
2. That the statements made in the objection petition are true to my knowledge.

Signature of Deponent: ____________________
Advocate (Notary Public): ____________________
Date: ______________

Procedural Safeguards

The court, before allowing or rejecting an amendment or objection:

• Must hear both parties,
• Determine whether the amendment is essential for justice,
• Consider whether prejudice or delay will be caused.

TRW ensures that all procedural requirements are met when objecting to amendments.

Legal Consequences

• If an objection is allowed, the amendment cannot proceed, and the case continues as per the original pleadings.
• If the objection is rejected, the amended plaint or written statement is accepted into the record.

Either party may appeal against the court’s decision under relevant sections of the CPC.

Conclusion

While the amendment of pleadings is a tool to facilitate justice, it must be used judiciously and never as a litigation tacticto prejudice the opposing side. Courts maintain a balance by permitting genuine amendments and rejecting improper ones.

At TRW Law Firm, we bring decades of experience in handling complex procedural motions, including objecting to improper amendments. Our litigation team is well-equipped to identify mala fide motives, ensure procedural compliance, and protect client interests in high-stakes civil suits.

Contact TRW Law Firm

Phones:

• +8801708000660
• +8801847220062
• +8801708080817

Emails:

• info@trfirm.com
• info@trwbd.com
• info@tahmidur.com

Offices:

• Dhaka: House 410, Road 29, Mohakhali DOHS
• Dubai: Rolex Building, L-12 Sheikh Zayed Road

Let TRW Law Firm defend your rights when improper amendments threaten your case. We are with you, from pleadings to final decree.