APPLICATION UNDER ORDER 6, RULE 17 CODE OF CIVIL PROCEDURE CODE,

1908FOR AMENDMENT OF PLAINT IN THE COURT OF

……………………..

In the matter of:Mr AB (name, description and address)

………..Plaintiff

VersusMr CD (name, description and address)

……Defendant

The humble petition of CD, the defendant above-named most respectfullysubmits as under:1.

That on …. The petitioner instituted the above suit for recovery of Rs …..due on a promissory note
dated ….executed by the opposite party in favour

of the petitioner.2.

That the opposite party wrote a letter dated ….

to the petitioner,unconditionally acknowledging his liability for the amount then due on thesaid
promissory note.3.

That through mistake or inadvertence, the said acknowledgment in writinghas not been pleaded in
the plaint herein.

That without an averment of the said acknowledgment the plaint is liable tobe rejected as being
barred on the very face of it.5.

That it is necessary in the interest of justice that the petitioner should beallowed to amend his plaint
by adding the following paragraph asparagraph 3A in the body of the plaint:

“By letter dated…. The defendant unconditionally acknowledges in writinghis liability to pay the sum
then due on the said promissory note.”

6.

The amendment is necessary for deciding the real question in controversybetween the parties.It is
therefore, prayed that the petitioner may be allowed to amend theplaint as above in the interest
of justice.