Complaint Amendment Regarding Defendant Identification and Legal Claims
Order 6. The construction of a fence obstructing access between the streets and the plaintiff’s residences; the fence caused damage to the plaintiff, and subsequently, the plaintiff became aware of the names and genders of the defendant(s) named in the original complaint. Consequently, the plaintiff filed a motion to amend the complaint, requesting the addition of the defendant’s name to be “Angkaran” and the addition of “Puth” as the second defendant. The defendant did not object, and the court granted the plaintiff’s motion to amend the complaint. Counsel is requested to advise as to whether the aforementioned order of the court is in accordance with the law.
Referring to the answer, pursuant to the Civil Procedure Code, Section 147, which states: “The plaintiff or defendant may amend the charges, allegations, or arguments presented to the court at the initial stage, as well as any proposals made. Such amendment, in particular, may include increasing or decreasing the amount of monetary damages or property in dispute in the original complaint, or (1) relinquishing some of the charges in the original complaint or completing the original complaint, or (3) raising new defenses against the original charges. In the case of a motion to amend the complaint, both of these cases do not comply with the Civil Procedure Code, Section 179, because they are not a modification for the defendant. For Case 1, it is an amendment of the complaint by changing the person from one person to another defendant; therefore, it is not a matter of amending the complaint. For Case 2, the addition of “Puth” as the second defendant is not a matter of amending the complaint.” The order permitting the plaintiff to amend the complaint is unlawful.