HOW TO AMEND CIVIL SUIT ? AMENDMENT IN PLEADINGS, ORDER 6-RULE-17 OF CIVIL PROCEDURE CODE 1908.

DR. TUSHAR MANDLEKAR, EXPLAINS IN EPISODE 39, AMENDMENT IN PLEADINGS As per Order VI of Rule 17 of CPC, 1908 What is pleading? 1. Pleadings have been defined under Order 6 Rule 1 of CPC which states that Pleading shall be Plaint or Written Statements. 2. Plaint is the statements filed by the Plaintiff in a Civil Court to prove his claim whereas Written statements are the statements defined in Order 8 Rule 1 of CPC which states that defendant should file written statements in 30 days from the date of issuance of the summons. 3. Written statements are filed by the defendant for his defense. 4. Plaint has not defined in CPC but it can be termed as pleadings of Plaintiff from which civil suit is initiate Pleadings should be properly drafted and it should not contain any vague or unambiguous statements. 5. Pleadings are those material facts which helps plaintiff to define the cause of action and defendant to establish his defense in a civil suit. Rules of pleadings 1. Pleading should contain the facts but no law should be applied in Only the court has the power to apply the law on the basis of fact stated in the Pleadings. 2. Pleadings should contain material facts. Parties should avoid using immaterial or irrelevant facts in the Pleadings. 3. Parties should not give the evidence in the pleadings from which facts are 4. Pleadings should contain the material facts in the brief form. Parties should avoid using irrelevant or immaterial statements while drafting the Plaint. Order VI of Rule 17 of CPC, 1908 Amendment to Pleading ⇒ 1. 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. 2. 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.” Stages where the pleadings can be amended ⇒ 1. At any stage of proceedings. 2. the court will allow amendment only if this amendment is necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law. 3. The court will not allow application of amendment after the trial has been commenced unless court comes to the conclusion that party did not raise the relevant facts before the commencement of the trial. 4. This proviso gives discretionary power to the court to decide on the application of pleadings after the commencement of the Trial. An institution of the suit is necessary for applying for amendment of pleadings. 5. This provision was deleted by the Civil Procedure (Amendment) Code, 1999. This omission was made to ensure consistency in new changes in the civil code. 6. But later, it was restored by the Civil Procedure (Amendment) Code, This amendment has given power to the court to allow application of the pleadings with some limitation. Why court allows the Amendment ⇒ 1. TO secure the ends of the justice and prevent injustice to other parties. 2. for the purpose of determining the real questions in controversy between the parties. 3. Amendments of pleadings help the parties to correct its mistakes in the pleadings. Amendment of pleadings when granted? ⇒ Following conditions MUST be satisfied a. This grant of leave should not leads to the injustice to other party. b. for determining the real question of controversy between parties. c. When nature of the case will change by allowing application for amendment of appeal. d. When a new cause of action arise by allowing application of an amendment. e. When Amendments of Pleadings defeats the law of limitation. f. When the application of amendment is filed to avoid multiplicity of suits. g. When parties in the plaint or written statements wrongfully described. h. When the plaintiff omits to add some properties to the plaint. Amendment of pleadings when refused? 1. when this amendment is not necessary for determining the real question of controversy between parties. 2. when it leads to the introduction of a totally new case. 3. When the Plaintiff or defendant is negligent. 4. When proposed alteration or modification is unjust. 5. Application for Amendments of Pleadings is refused when it violates the legal rights or cause injustice to the other party. 6. Leave to amend is refused when it leads to the needless complications in the case. 7. Leave to amend is refused when there has been excessive delay by the parties in filing the suit. 8. Application of Amendment is refused when it changes the nature of the disputes. 9. If it is made with mala fide intention. 10. Where several opportunities are given to parties to apply for amendment of pleadings. But they failed to make an application.