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. 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. 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.