Order 6 rule 17 cpc judgments. Power to amend pleadings under Order VI, Rule 17 of Code of Civil Procedure, 1908: an in 2022-10-25
Order 6 rule 17 cpc judgments Rating:
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.
This is only an attempt to understand, but not to state the process, extensively or with any exactitude. The respondent filed the suit, claiming the reliefs of declaration of title and injunction, as regards fairly vast extent of land, within the limits of the Municipality. . 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. Sub-rule 2 of Rule 4 of Order 18 of the Code of Civil Procedure provides for cross-examination and re-examination of a witness which shall be taken by the court or the Commissioner appointed by it. He has submitted that just and proper amendment can be introduced at any stage as may be necessary for the purpose of determining the real questions in controversy and in appropriate cases where it is arguable that relief sought for by way of amendment would be barred by law of limitation, amendment should still be allowed and the disputed matter will be made the subject matter of an issue. There cannot be a better example of a fraudulent decree.
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". The Court was unable to find any new ground for which no foundation is laid in the application for setting aside the award under Section 34. What can be amended in pleading? The Supreme Court of India has held a vital verdict recently regarding the Amendment of Pleadings. Only if such a condition is fulfilled, the amendment is to be allowed. The defendant may also submit his pleadings along with documents that are relayed to him and take an appropriate defense in the suit. Joshi DW-3 , Advocate and Daya Ram, the father of the respondents-defendants. For all practical purposes, the prohibition contained in Section 35 of the Indian Stamp Act would become redundant.
Further, in the matter of: Mohinder Kumar Mehra v. Apparently having re-read the undertaking, the petitioner now sought to urge that the right which flowed to him under the undertaking was only a right to use the rear parking space and that ownership had, therefore, been claimed by mistake. However, the Parliament added sub- rules 3A , 3B , 3C and 3D , providing for submission of written arguments, etc. On my part I have also tried to compile a few citations for your esteemed reference. Their marriage ran into rough weather and relations between them became strained immediately after the marria.
Power to amend pleadings under Order VI, Rule 17 of Code of Civil Procedure, 1908: an in
After this party must ensure to file the altered pleadings by the prescribed time. How can we experts forget the importance of relevant citation. The Learned Counsel also pointed out that Shri Joshi DW-3 also reiterated about the appellant's statement made in the caveat proceedings. Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. If it does, the court may deny the request to amend his pleadings. This is an appeal by a helpless widow, who has become a prey of the greed of her own elder brother in law and is deprived of her properties in a fraudulent manner. At least Shri Ahuja, Learned Counsel, appearing on behalf of the respondents could not support such a finding and he fairly stated that he was unaware of any such procedure.
The Code of Civil Procedure, 1908, Order VI Rule 18. One wonders as to when was the suit filed and when did the Court issue a summons and how is it that on the same day, the Written Statement was also ready, duly drafted by the other side lawyer S. Joshi had stepped into the witness box in the subsequent suit and had reiterated that the appellant had consented and instructed him and it was only as per the instructions of the appellant that he had prepared her Written Statement in the first suit. The Learned Counsel fairly admitted that this application was, however, dismissed by the Additional District Judge. Thus, unless the jurisdictional fact, as envisaged therein, is found to be existing, the court will have no jurisdiction at all to allow the amendment of the plaint. The petitioners filed the written-statement, opposing the suit. Effect of document to be stated Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.
Several inadmissible and irrelevant documents would gain their entry into the record and in many cases, the principle that a document once admitted into evidence cannot be removed from the record or demarked, comes into play. The aforementioned provision has been made to curtail the time taken by the court in examining a witness-in-chief. Additionally Order VI Rule 28 requires an application to be made by a party which seeks to amend its pleadings along with a prayer and Order VI Rule 29 requires a note to be made by the legal heirs of a deceased party for a consequential amending. According to Order 6 Rule 17, an amendment application can be filed at any stage of the proceeding. Pleadings are those material facts which helps plaintiff to define the cause of action and defendant to establish his defense in a civil suit. The Civil Revision was dismissed and allowed the amendments.
What is amendment of pleadings under order 6 rule 17 of CPC?
Our Legal Journal contains a vast assortment of resources that helps in understanding contemporary legal issues. Yet, later, the Civil Procedure Code Amendment , 2000 repealed it. Further regarding husband of defendant No. The decision on a request made pursuant to Order VI, Rule 17, is a serious judicial exercise, and the said exercise should never be taken casually. From the record, it also appears that the suit was not on the verge of conclusion as found by the High Court and the trial court.
Free Case Law On Amendment of Pleadings (Order 6 Rule 17)
The Code of Civil Procedure, 1908, Order VI Rule 1. By Act 46 of 1999, there was a sweeping amendment by which Rules 17 and 18 were wholly omitted so that an amendment itself was not permissible, although sometimes effort was made to rely on Section 148 for extension of time for any purpose. The Appellate Court also held that the suit filed by the appellant-plaintiff was barred by time. As noted hereinbefore, parties are yet to file their documents, we do not find any reason to reject the application for amendment of the written statement in view of proviso to Order 6 Rule 17 CPC which confers wide power and unfettered discretion on the court to allow an amendment of the written statement at any stage of the proceedings. In the ordinary parlance, the hearing in a suit takes place after the recording of evidence is concluded.
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. Failure to amend after Order. A request to amend a pleading must be allowed in court until the case begins. These are some of the crucial factors that may be taken into consideration when dealing with a requirement filed under Order VI, Rule 17. . From the order passed by the learned Trial Judge, it is evident that the respondents had not been able to fulfill the said pre-condition. As a matter of fact, the word "trial" is not defined anywhere in the C.
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]
As noted hereinbefore, parties are yet to file their documents, we do not find any reason to reject the application for amendment of the written statement in view of proviso to Order 6 Rule 17 CPC which confers wide power and unfettered discretion to the court to allow an amendment of the written statement at any stage of the proceedings. Takwani, Civil Procedure Code 1987. The Learned Senior Counsel wondered as to how all this could have happened on one and the same day. It is then pointed out by the Learned Senior Counsel that a notice was issued by the Court of Sub-Judge, First Class to the appellant and was served through a bailiff and in pursuance of that notice, she came and gave a statement before the Court on 23. Before the amendment, it was competent for a party to a suit, to seek amendment of the pleadings at any stage, which takes in its fold, not only the one, referable to the pendency of the suit, but also of appeal, second appeal and even the special leave petition in the Supreme Court, subject, of course to certain restrictions. Denial of such basic procedural power to statutory Tribunal having the trappings of a Court, in our view, will render its functioning extremely difficult, besides resulting in multiplicity of proceedings and causing serious injustice without any advantage to any party.