Amendment of Plaint

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Statement of Problem7 Objectives of the Study 7 Hypothesis of the Study 7 Research Methodology 7


Rules to Amend Plaint 9 Leave of Court when not granted 9 Effect of Amendment 10 Amendment second time 10 Principles of Amendment 11


Introduction The 22 Act of 2002 instituted the provision of amendment of Plaint under Order VI Rule 17 of the Code of Civil Procedure.[1] Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short `the Code’) enables the parties to make amendment of the plaint which reads as under; “17. 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.” It confers wide discretion on a Court to allow either party to amend or alter his pleadings at any stage of the proceedings on such terms as it deems fit. This discretionary power to court must, however, be exercised in consonance with the judicial principles, existing laws and with reasoned decisions. The object of the Rule is that the Courts should try merits of the cases that come before them and allow all such amendments that helps in determining the real questions of disputes between the parties of the suit and is a step towards achieving ends of justice, provided it does not cause injustice to other party. The provisions of Rule 17 are not exhaustive in nature i.e. it does not limit the powers of court to grant amendments in specific circumstances. The courts are completely empowered to exercise their discretion in granting the application of amendments in the light of said rule. However, where in cases where parties cannot use this rule and the court faces difficulty application of the said rule, section 151 of the Code acts as resort to the Courts that deals with the inherent powers of the Court. The institution of this Rule in the amendment was subject to certain restrictions, unlike the previous rule and determines one of the very strong civil right (with the leave of Court) as well as remedy to the parties. The upcoming part of the article shall deal with the instances and case laws that dealt with the questions relating to amendment of plaint and the related aspects attached to the said topic. STATEMENT OF PROBLEM The Rule with respect to amendments of pleading seems an easily available right on the face of it.

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