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AMENDMENT OF PLEADINGS

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shubhanshi phogat
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14 views2 pages

AMENDMENT OF PLEADINGS

Uploaded by

shubhanshi phogat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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AMENDMENT OF PLEADINGS

The amendment of pleadings refers to the formal process by which parties in a legal
proceeding modify their original statements of claims or defenses. This procedure is
governed by Order VI, Rule 17 of the Code of Civil Procedure (CPC), 1908, in India.
Purpose and Importance:
Amending pleadings ensures that
• the real issues in dispute are accurately presented before the court,
• facilitating a fair and comprehensive adjudication.
• It allows parties to correct errors, introduce new facts, or adjust claims and
defenses as necessary.

Provisions under Order VI, Rule 17 of CPC:


This rule empowers the court to permit amendments to pleadings at any stage of the
proceedings on terms that are just. The primary consideration is whether the
amendment is essential for determining the real questions in controversy between
the parties. However, once the trial has commenced, amendments are generally not
allowed unless the court concludes that, despite due diligence, the party could not
have raised the matter earlier.

Key Considerations for Granting Amendments:


1. Necessity for Determining Real Issues: The amendment should be crucial for
resolving the actual matters in dispute.
2. No Injustice to the Opposing Party: The amendment should not cause prejudice
or injustice to the other party.
3. Avoidance of Multiplicity of Proceedings: Allowing the amendment should help
prevent multiple legal actions on the same issue.
4. Timeliness and Due Diligence: The party seeking amendment must demonstrate
that the need for amendment arose despite exercising due diligence and that it
was not possible to raise the matter earlier.
Circumstances Where Amendments May Be Refused:
• If the amendment introduces a completely new and inconsistent case or
changes the fundamental nature of the original claim or defense.
• If there is undue delay in filing the amendment application without a valid
explanation.
• If the amendment would cause irreparable harm or injustice to the other party.
• If the amendment is sought with a mala fide intention or to delay the
proceedings, negligent.
Doctrine of Relation Back:

When an amendment is allowed, it generally relates back to the date of the original
pleading, as if they were part of the original documents filed. However, courts have the
discretion to order otherwise in specific circumstances.

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