Order 6 Rule 17 of the Code of Civil Procedure (CPC) deals with the provision for amendment of pleadings. This rule allows for the amendment of pleadings at any stage of the proceedings, subject to the discretion of the court.
Pleadings refer to the written statements made by the parties to a lawsuit, setting out their respective positions and contentions. These include the plaint, which is the statement of claim made by the plaintiff, and the written statement, which is the response by the defendant.
The purpose of allowing for amendment of pleadings is to ensure that justice is done and that the parties have a fair opportunity to present their case. This is because circumstances may arise during the course of the proceedings where it becomes necessary to make changes to the pleadings in order to accurately reflect the facts of the case.
However, the court has the discretion to grant or reject an application for amendment of pleadings based on various considerations. These include the possibility of causing prejudice to the other party, the stage of the proceedings, and the effect on the rights of the parties.
In order to amend pleadings, the party seeking the amendment must make an application to the court, stating the grounds for the amendment and the proposed changes. The other party may object to the amendment, and the court will consider the arguments of both parties before making a decision.
If the court allows the amendment, it may impose conditions, such as allowing the other party additional time to respond or requiring the payment of costs. The court may also disallow the amendment if it is found to be frivolous or made in bad faith.
In summary, Order 6 Rule 17 of the CPC provides for the amendment of pleadings at any stage of the proceedings, subject to the discretion of the court. This is to ensure that the parties have a fair opportunity to present their case and that justice is done. However, the court may impose conditions or disallow the amendment if it is found to be frivolous or made in bad faith.
Order 6 of CPC
The petitioners, on the other hand, disputed the very classification of the land and based their title on a purchase made about half a century ago. What can be amended in pleading? It has also not been found that any error of law has been committed by it. Verification of pleadings 1 Save as otherwise provided by any law for the time being in force, every pleading shall be varied at the foot by the party or by one of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case. Crucial Aspects Concerning Order VI, Rule 17 of the Code of Civil Procedure, 1908: A Object and Scope of Order VI, Rule 17 of the Code of Civil Procedure, 1908: i Order VI, Rule 17 of the Code of Civil Procedure, 1908 deals with amendment of pleadings. The moment the first witness to be examined in the case entered the witness box, and the Court started recording the evidence, the trial of the suit commenced.
SC on Amendment of Pleadings: Order VI Rule 17 CPC can be invoked even after Trial starts but only under specific conditions. [Read the Order]
It puts an embargo on exercise of its jurisdiction. The application for amendment, preferred by the petitioner was thus allowed. Laxminarayan, 2001 6 SCC 163, it was held that, an amendment to the pleading though properly made cannot relate back to the date of filing of the suit, but is to relate to the date of filing of the amendment application. In the case of Cropper v. However, proviso appended to Order 6 Rule 17 of the Code restricts the power of the court. The principal contention advanced by the learned Senior Counsel for the petitioners is that the trial of the suit commenced and thereby the prohibition under the proviso to Rule 17 of Order VI C. When amendment of pleadings not allowed? Subs, by Act No.
Vidyabai & Ors. Vs. Padmalatha & ANR.
An appeal came to be filed by the respondents-defendants against the above order, which was allowed. Another indication is that rest of the Rules in Order XVIII deal with the examination of witnesses, re-examination, recalling of witnesses, etc. At about the same time, the court finds that granting the other party and application to amend these pleadings does not cause irreparable loss. Taking stock of the evidence, the Trial Court took note of the improved version on the part of Daya Ram DW-4 that the father of the appellant had demanded Rs. Order 6 CPC Description Order VI PLEADINGS GENERALLY 1.
Explained
In general, in a pre-trial situation an amendment to a pleading may be allowed when such application is for granting a consequential relief, for prevent more proceedings on the same case, when certain events take place after filing the pleading, when such amendment clarifies the previously filed pleadings, when parties are incorrectly described, where there is a misstatement of cause of action or any other bonafide omission that are necessary to determine the rights of the parties involved. In this article, Yogesh Sharma discusses the  Amendments of Pleadings under Order 6 Rule 17. If you engage in the case after filing the case then you can find Case Winning Important factors: Those important factors can dramatically change the result of a case. Kiran Suri, learned counsel appearing on behalf of the respondents, on the other hand, would contend that the proviso appended to Order VI Rule 17 of the Code is not attracted in the instant case as by reason of the amendment to the written statement, no new case has been made out. Yes space of this site is available for experts for making their comments but will it not be fair for replying for the same if the reply is supported by preposition of law supported with case law in this regard.
Free Case Law On Amendment of Pleadings (Order 6 Rule 17)
Satpal Singh 2 , the court stated that material facts are those facts which helps Plaintiff to define his cause of action or defendant to strong his defense. However, proviso appended to Order VI, Rule 17 of the Code restricts the power of the court. The Oder 6 of The Civil Procedure Code 1908 can govern an advocate on how to write pleadings and which information must include in and which should not. Amendments of Pleadings is a good law to correct mistakes in pleadings but it should be allowed with due care and diligence. EMAAR MGF Land Ltd. Overall, it is understood that Order VI Rule 17 is instrumental in securing justice, reducing the amount of litigation and its incurred costs, and also to avoid having a lot many suits. It has come in the evidence that when the respondents herein started disturbing the possession of the appellant and also started bragging about a decree having been obtained by them, the appellant chose to file a suit.
CPC
By reason of the impugned judgment, the High Court noticed the defence of the appellants in the following terms: "There is no retracting of statement made in written statement already filed by the defendants". ABN Amro Bank N. Naturally, one of the circumstances which would be taken into consideration before an amendment was granted is the delay in making the application seeking such amendment and, if made at the appellate stage, the reason why it was not sought in the Trial Court. It also provides for payment of amounts to cover the expenses for summoning the witnesses. That is a question which can only be decided at the trial of the suit. The trial of a suit, as understood by the practitioners in Civil Courts, is a process under which, the Court records the deposition of witnesses.
