Draft Amendments Made In Body Of Writ Petition Regarding Factual Assertions To Be Accompanied By Application And Affidavit: Gujarat HC

Observing that draft amendments with respect to factual assertions in the body of a writ petition are to made by moving an appropriate application with affidavit, the Gujarat High Court recently rejected the draft amendments sans application made in a matter which had been accepted by the court's Registry. 

In doing so the court emphasized the necessity of adhering to the procedure prescribed under the Code of Civil Procedure (CPC) with respect to amendments in the body of the writ petition, which are to be made by means of an application along with an affidavit. It further asked the Registry to circulate its order to ensure compliance.

The court was hearing a writ petition wherein it noted that draft amendments filed along with the affidavit was not supported by any application and was filed in the Registry.

A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi in its order observed “We may record that such an amendment cannot be entertained if not supported by a proper amendment application within the meaning of Order VI Rule 17 of the Code of Civil Procedure. The Registry ought not to have entertained the draft amendment filed to add factual statement in the body of the writ petition.”

The Counsel for the petitioner submitted that it is a "prevailing practice" in the Court, the draft amendments are permitted without application and affidavit if the matter is at the admission stage.

Observing that the submission was "not acceptable" the bench said that the amendments, which are formal in nature–namely in the grounds or the prayer clause of the writ petition–"primarily legal in nature", may be permitted to be carried by means of draft amendment without being supported by any application filed along with an affidavit, under the order passed by the competent Court looking to the nature of relief.

"However, the amendments in the body of the writ petition, which pertain to the factual assertions, have to be filed strictly in accordance with the procedure prescribed under Order VI Rule 17 of the Code of Civil Procedure. Meaning thereby, the amendments are to be made by moving an application supported by an affidavit under Order VI Rule 17 of the Code of Civil Procedure.We, therefore, do not find it fit to accept the draft amendments dated 28.10.2024, on affidavit, which are not supported by any application filed on behalf of the petitioner," the court said. 

The Court rejected the draft amendments; it however granted liberty to the petitioner's counsel to file a proper application for amending the writ petition.

The Court thereafter directed the Registrar (Judicial) to circulate its order within the department, post it on the website, and share it with the President of the Bar Association and further to display the order on their notice board, to ensure its compliance. 

"This order be circulated by the Registrar (Judicial) in his department so as to ensure compliance of the directions contained herein," it directed. 

Case Title: Hemalkumar Vinodbhai Dodiya & Ors. v/s State of Gujarat

Click Here To Read/Download Order