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General Legal Query India · 14 Jul 2025 · 9 views

During arguments in succession case, error is seen in succession case petition during the final arguments, can we inform the judge of the error and request for a correction verbally as my advocate reads out the petition or do we necessarily have to give an application of amendment..

AN Asked by Anamika Arora from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

In a succession case, if an error is noticed in the petition during the final arguments, it is advisable to inform the judge of the error and request for a correction verbally through your advocate. However, it is always better to follow the proper procedure and file a formal application for amendment of the petition.

The Code of Civil Procedure, 1908 allows for amendments to pleadings under Order VI Rule 17. Amendment of pleadings can be sought at any stage of the proceedings, and the court has the discretion to allow such amendments if it deems fit.

It is always recommended to file a formal application for amendment to ensure that the correction is properly recorded in the court records and to avoid any future legal complications. Your advocate can file the application for amendment stating the nature of the error and requesting the necessary correction to be made in the petition.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.