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Amendment of Pleadings

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Amendment of Pleadings

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Uploaded by

urooj.mohammadismail
Copyright
© © All Rights Reserved
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QUAID-E-AZAM LAW COLLEGE LAHORE

THE CODE OF CIVIL PROCEDURE, 1908


HANDOUT # 28

AMENDMENT OF PLEADINGS
1- Introduction
2014 CLC 399
Held “The term pleadings referred to the plaint and written
statement. The plaintiff should allege the cause of action. The
defendant should state the material facts on which he relies
for his evidence”
2- Relevant Provisions

O.VI Rule 17 Civil Procedure Code 1908


3- Cross Reference:
 S.25 Supreme Court of Judicature Act 1927
 Sec: 26 Civil Procedure Code 1908
 O.IV Civil Procedure Code 1908
4- Meaning of Pleadings
O.VI R 1
“Pleadings shall mean the plaint or written
statement”
5- Meaning of Terms:

i. Pleadings:

“The formal allegations by the


parties to a law suit of their respective
claims and defenses, with the intended
purpose being to provide notice of what
is to be expected at trial.”
BLACK’S LAW DICTIONARY

ii. Amendment of Pleadings


“The correction of an error or an
intentional change in the pleadings,
which is done either as course, or by the
consent of parties, or upon motion to
court in which the proceeding in
pending”
BLACK’S LAW DICTIONARY

6- Amendment of Pleadings under O VI R 17


I. The Court may
II. At any stage
III. Allow either party
IV. To alter or amend his pleadings
V. On such terms and conditions
VI. As may be just
VII. For the purpose of determining the real question in
controversy
7- Case Law Explanation:

2013 YLR 1548

Held “By virtue of this rule a party may apply for the amendments
of its own pleadings .Pleadings can be amended only with the leave
of the court”
8- Grounds for Amendment of the Pleadings under O VI
R
a. Unnecessary
b. Scandalous
c. Which may Tend to Prejudice, Embarrass or Delay the
Fair Trial of the Suit
d. To prevent Multiplicity of Suit
e. On Application of The Parties
f. Rules of procedure should be used for furthering ends of
justice
g. Ends of substantial justice should be advanced
h. Application for amendment is bona fide
9- Object of Amendment in Pleadings:
The object of the amendment of the pleadings is
that the courts should get at and try the merits of the
case that comes before them and should consequently
allow all the amendments that may be necessary for
determining the real question in controversy between
the parties without causing injustice to the other side .
10- Restriction/Limitation on the Amendment of
Pleadings
a. Where application is malafide
b. Amendment can only be made up to the extent allowed
by the court
c. Without express leave of the court, no party can effect
any change or alteration in the pleadings
d. Amendment will not be allowed where its effect would
be to convert the character of the suit
e. Where the suit is barred by law
f. Where no useful purpose would be served by allowing
suit’s continuance
g. Amendment would not be allowed where it cause
injustice
h. Amendment may not be allowed where application to
amend pleading is founded on subsequent change in
law
11- Failure to Amend Within Time Allowed
Order VI Rule 18
A party failing to amend within time allowed cannot be
allowed to do so later. The plaint can not however be
dismissed on account of such failure.
12- Instances of Amendment In Pleadings:
a. Section 152 CPC -- Power to Amend Judgment, Decree or
Order
b. Section 153 CPC -- General Power to Amend Any Defect
or Error in any Proceeding in a Suit
c. Order VII R 7 -- Relief Claimed Must be Specifically
Stated
d. Order I R 10 -- Amendment of Plaint for Striking off or
Adding Parties to Suit
e. Order XIV R 5 -- Amendment of Issues Framed
13- Analysis
Ordinarily a plaintiff is ‘DOMINUS LITIS’ and the best judge of his
own interests. He must be left to choose his own opponents and the relief,
which he is seeking to get from the court.
If persons on their own desire are joined as defendants, the plaintiff
can’t be forced to amend his plaint and the claim relief against the said
persons.
Code of civil procedure provides the parties to the suit to apply for
amendment of their pleadings subject to the conditions laid down in rules 16
and 17 and up to the extent allowed by the court. It also gives discretionary
power to the courts to permit amendment on application of the parties.

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