अभिवचनो में संशोधन,Order 6 Rule 17 C.P.C., Amendment in Pleadings, Filing Application for Amendment

Amendment In Pleadings ( Order 6 Rule17 C.P.C.)

What is amendment in Pleadings?

Can We amend Plaint and Written Statement?


Dear Friends
In this video I tried to describe the procedure for filing application for Amendment in Pleadings. Detail explanation of Order 6 Rule 17 of The Code of Civil Procedure.Scope of Order 6 Rule 17 of the code of civil Procedure, How to File Application before Court in a civil Suit for amendment in Pleadings. Can Amendment be sought at a later stage after commencement of trial.?//

Amendment in Pleadings:- Application under order 6 Rule 17 of the Code of Civil Procedure:-
Point No.1 :- Order 6 Rule 1 :- Pleading shall mean Plaint or Written Statement
Plaint which a plaintiff files under order 7 Rule 1 of the Code of Civil Procedure
Written Statement: - Which a defendant files under Order 8 Rule 1 CPC in his defense

Point No.2:- Order 6 Rule 17 CPC.:- Amendment of pleadings – The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”
Meaning :-
A . Court may allow amendment at any stage
B Amendment is required to determine the real question of controversy between the parties
C No Application for the amendment shall be allowed after the commencement of the trial unless the court comes to the conclusion that the party seeking amendment could not raised the issue before the commencement of the trial.

Point No.3 :- How To Draft application for amendment in Pleadings:-
1. Name of the court
2. Case No.
3. Cause Title of the Suit
4. Heading :- Application for amendment in pleading under order 6 rule 17 read with section 151 of the Code of Civil Procedure
5. What is the amendment, which Para of pleading you wish to amend
6. Either you want to delete the existing Para or add any new Para
7. Please Add at which place in the pleading, you wish to add new Para
8. What is the just and proper reason that you could not mention the same at the time of filing of your pleading in the court.
9. Please mention that the seeking amendment will not prejudice the valuable rights of the opposite party
10. Please mention that the amendment is necessary to determine the real question in controversy of the suit
11. Please mention that the amendment will not change the nature of the suit or will not give a new cause of action.
12. Please amend relief clause as per the amendment in pleading
13. File affidavit along with your application
14. Mention the reason that why the amendment is sought at belated stage
15. Please also filed amended Pleadings along with your application and supported documents if any

Point No.4:- At Which Stage the amendment can be sought :- The amendment can be sought at any stage of suit, Even at the appellate stage , the amendment can be sought .
In B.K. Narayana Pillai v. Parameswaran Pillai and Anr. (7), 13 December, 1999
The Supreme Court held as under:-
1. The purpose and object of Order 6 Rule 17 C.P.C. is to allow either party to alter or amend his pleadings in such manner and on such terms as may be just.
2. The power to allow the amendment is wide and can be exercised at any stage of the proceedings in the interests of justice.
Point No.5. Can amendment be sought in appellate stage:-
Supreme Court of India

Nagappa vs Gurudayal Singh & Ors on 3 December, 2002
Author: Shah
Bench: M.B. Shah, B. P. Singh, H.K. Sema.
CASE NO.:
Appeal (civil) 7989 of 2002


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