Today is fixed for order.

In pannalal Ganguly, v. State of Tripura, the Gaughati High Court held that amendment means, to alter by addition, substitution, or omission.  If re- verification in the manner sought is allowed, and it alters the original affidavits, either by addition or by substitution, it would amount to amendment of the original affidavit, so far as it concerns the verification. An affidavit which is not property verified, cannot be treated as an affidavit in the eyes of the law. When there is no original affidavit in the eyes of the law, the question of amending it does not arise, because amendment is referable, only to an existing one.

In Nanda Kumar Shabnkar Mhatre V. Dayanand Mahadev Mhatre, the Bombay High Court held that, the affidavit once made cannot be allowed to be changed by amending the same. The affidavits without verification and the affidavits with defective verification cannot be admitted in evidence.

The learned Counsel for the petitioner applies for amendment of the petition and thereby wants to correct the verification of the petition.

We the Commission to see how a party can be allowed to amend the affidavit which has been already made by him. The affidavit once made cannot be allowed to be changed by amending the same. Consequently, the prayer of the learned counsel for the petitioner for permission to amend the petition cannot be granted.

Under Order VI Rule 17 C.P.C., cannot be exercised to grant leave to the petitioners to amend the affidavit , which is a statement on solemn affirmation and a best , the petitioners are entitled to file an appropriate affidavit or additional affidavit after obtaining leave of the Court. It is also clear that the proceedings in a civil court are governed by CPC.Consequently, the question of exercising power under Order VI Rule 17 C. P.C. to grant leave to the petitioners to amend the affidavit does not arise.

Hence, the amendment petition is not allowed.

In this complaint case complainant did not mentioning the age of complainant in complaint petition, amendment petition and also W.O. petition.

The space of age of complainant is blank in every petition.

We the Commission also find that there is no mentioning the date of cause of action in complaint petition which is most important in complainant case.

Hence  Ordered,

that the case be and the same is dismissed.

Thus the case is disposed of. However, liberty is given to complainant to file afresh complaint petition unless the same is barred by any law.

Let a copy of this order is given to the parties free of cost on proper application.