Legal point explained: Court (Civil and Criminal) can allow amendments to the complaint/petition, before cognizance of same is taken by Court, either to a curable infirmity or the same cannot be corrected by a formal amendment or if there is likelihood of prejudice to the other side, then the Court shall not allow such amendment in the complaint.
Case brief: The complainant wanted to amend his complaint to include a poem which is the cause of defamation suit he filed on his step-brother.
From Para 17,
Insofar as merits of the contention regarding allowing of amendment application, it is true that there is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of the Code, but the Courts have held that the petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints.
S.R.Sukumar Vs S.Sunaad Raghuram on 2 July, 2015
Other Source links:
The Index for Defamation Judgments is here.
Shades of Knife
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