Scribd Logo
Upload

Welcome to Scribd!

  • 196 views

    Amendment of Pleadings

    Uploaded by

    Naveender P K Singh
    The document discusses amendment of pleadings in civil court proceedings. It provides details on: 1. Order 6, Rule 17 of the Code of Civil Procedure allows for amendment of pleadings to determine the real questions in controversy between parties. Amendments can generally be allowed at pre-trial stages. 2. There are two types of amendments - compulsory amendments effected without a party's consent, and voluntary amendments where a party seeks to amend their own pleadings. 3. The court has discretion to grant amendments unless it would cause injustice or prejudice to the other party. Amendments are allowed to address bona fide mistakes but not if they fundamentally alter the nature of the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Amendment of Pleadings

    Uploaded by

    Naveender P K Singh
    196 views8 pages
    The document discusses amendment of pleadings in civil court proceedings. It provides details on: 1. Order 6, Rule 17 of the Code of Civil Procedure allows for amendment of pleadings to determine the real questions in controversy between parties. Amendments can generally be allowed at pre-trial stages. 2. There are two types of amendments - compulsory amendments effected without a party's consent, and voluntary amendments where a party seeks to amend their own pleadings. 3. The court has discretion to grant amendments unless it would cause injustice or prejudice to the other party. Amendments are allowed to address bona fide mistakes but not if they fundamentally alter the nature of the case.

    Original Description:

    How pleadings are made in Court

    Original Title

    Copy of Amendment of Pleadings (Autosaved)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses amendment of pleadings in civil court proceedings. It provides details on: 1. Order 6, Rule 17 of the Code of Civil Procedure allows for amendment of pleadings to determine the real questions in controversy between parties. Amendments can generally be allowed at pre-trial stages. 2. There are two types of amendments - compulsory amendments effected without a party's consent, and voluntary amendments where a party seeks to amend their own pleadings. 3. The court has discretion to grant amendments unless it would cause injustice or prejudice to the other party. Amendments are allowed to address bona fide mistakes but not if they fundamentally alter the nature of the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    196 views8 pages

    Amendment of Pleadings

    Uploaded by

    Naveender P K Singh
    The document discusses amendment of pleadings in civil court proceedings. It provides details on: 1. Order 6, Rule 17 of the Code of Civil Procedure allows for amendment of pleadings to determine the real questions in controversy between parties. Amendments can generally be allowed at pre-trial stages. 2. There are two types of amendments - compulsory amendments effected without a party's consent, and voluntary amendments where a party seeks to amend their own pleadings. 3. The court has discretion to grant amendments unless it would cause injustice or prejudice to the other party. Amendments are allowed to address bona fide mistakes but not if they fundamentally alter the nature of the case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 8

    Amendment​ ​of​ ​Pleadings

    Introduction
    Amendment of Pleadings is basically for the purpose of bringing a fact imperative for
    the just and fair adjudication, on record of the court proceedings, by amendment in a
    suit. Pleadings shall mean plaint or written statement.(Order 6,Rule 1 of the code of
    civil procedure,1908) the whole object of the pleadings is to bring parties to the
    definite​ ​issues,​ ​reduce​ ​costs​ ​and​ ​to​ ​ensure​ ​the​ ​speedy​ ​delivery​ ​of​ ​justice.

    Order 6, rule 17, provides amendment of pleadings. By amendment of 2002,a proviso


    has been added that amendment should generally be allowed at the stage of pre trial of
    the suit. Amendment of pleading is necessary as there can be a situation where there is
    a change of circumstances in the course of pendency of a proceeding and if a matter in
    issue arises upon such change of circumstance. Amendment of pleadings may
    generally be allowed and the amendment may also be allowed at a belated stage.
    However, it should not cause injustice or prejudice to the other side. The amendment
    sought should be necessary for the purpose of determining the real question in
    controversy​ ​between​ ​the​ ​parties.

    Compulsory​ ​amendment​ ​of​ ​pleadings​:

    It's known as compulsory amendment as it's an amendment effected without against


    the wish of the party whose pleadings are being amended, either on an application by
    the other/ opposite party or the. court. Rule 16 of order 6 of the code of civil procedure
    deals​ ​with​ ​striking​ ​out​ ​pleadings.the​ ​rule​ ​suggests​ ​that-

    “The court may at any stage of the proceedings order to be struck out or amended any
    matter​ ​in​ ​any​ ​pleading-

    1. Which​ ​may​ ​be​ ​unnecessary,​ ​scandalous,​ ​frivolous​ ​or​ ​vexatious,​ ​or


    2. Which​ m ​ ay​ ​tend​ ​to​ ​prejudice,​ ​embarrass​ ​or​ ​delay​ ​the​ ​fair​ ​trial​ ​of​ ​the​ ​suit,​ ​or
    3. Which​ i​ s​ ​otherwise​ ​an​ ​abuse​ ​of​ ​the​ ​process​ ​of​ ​the​ ​court”

    The power to strike out pleadings under this on the plain language is a discretionary
    one. If a party’s pleading does not disclose full particulars of any material fact, the
    court is empowered to call for further and better particulars (order, rule 4, 5, C.P.C)
    suo motu or on the application of the opposite party. When the pleadings have been so
    vaguely worded that is difficult for the opponent to know his opponent’s line of attack
    and defence at the trial the opposite party must have to move an application with
    reasonable promptitude as a general rule though he is entitled to make such application
    at​ ​any​ ​time.

    Particulars cannot be demanded of an alleged immaterial fact. When plaintiff sues for
    account to be taken of the money due to him, particulars can be ordered from him.
    When a party fails to give particulars or the particulars mentioned are not sufficient,
    the opposition party has right to ask for better particulars, ​(Ballo V. Paras arm. AIR
    1972 N.P.33,Lakhi Prasad V.Nathmal, AIR 1969 SC 583​).If the order for supply of
    better particulars is disobeyed by the plaintiff, the suit should be stayed but if the
    defendant​ ​disobeys​ ​the​ ​order,​ ​the​ ​defence​ ​should​ ​be​ ​struck​ ​off​ ​under​ ​Rule​ ​16.

    The court can strike out the vague charges mentioned in the petition ​(Raghunath
    Prusthi V. Sauddin Khan, AIR 1958 Orissa 111​).The Court could not dismiss the suit
    for failure of plaintiff to supply particulars, so long as it discloses the cause of
    action(​Kissenlal V. Multanmal, AIR 1964 Cal.328).​If a party does not ask for
    particulars at proper time, he cannot afterwards put a plea that he was taken up by
    surprise​.(Firm​ ​Ram​ ​Krishanda​ ​V.​ ​Firm​ ​Mutsaddi​ ​Lal,​ ​AIR​ ​1942​ ​All​ ​170).

    When a pleading of a party appears unnecessary and tends to prejudice, embarrass and
    delay the trial of a suit, his opponent may apply that the pleading of his opponent be
    struck out or amended (order 6, Rule 16).When the pleading is verbose, extremely
    loose and fails to disclose any damage on the alleged breach of contract or contain
    scandalous matters, which tend to cause permanent injury to the persons to whom it
    matters​ ​or​ ​affects,​ ​may​ ​be​ ​ordered​ ​to​ ​be​ ​struck​ ​out​ ​or​ ​for​ ​an​ ​amendment.

    The​ ​grant​ ​of​ ​application​ ​for​ ​amendment​ ​be​ ​subject​ ​to​ ​certain​ ​conditions​ ​namely-

    1. Of not working injustice or prejudice to the other side which cannot be


    compensated adequately in terms of money or taking away a right accused to
    a​ ​party​ ​by​ ​lapse​ ​of​ ​time.
    2. When​ ​allowing​ ​amendment​ ​application​ ​does​ ​not​ ​defeat​ ​the​ ​law​ ​of​ ​limitation.
    3. Whether​ ​the​ ​application​ ​for​ ​amendment​ ​in​ ​bona​ ​fide​ ​or​ ​mala​ ​fide.
    4. If the nature and character of the case is not fundamentally and
    constitutionally​ ​altered​ ​by​ ​permitting​ ​amendment.
    5. Whether refusing amendment would in fact lead to injustice or lead to
    multiple​ ​litigation(​P.H.Patil​ ​V.​ ​K.S.Patil​ ​AIR​ ​195​ ​SC363)
    In the case of an amendment of the written statement, an amendment should not be
    granted if it would convert the defence into another one of a different and inconsistent
    character.

    Voluntary​ ​Amendment​ ​of​ ​Pleadings​:​ ​This​ ​is​ ​known​ ​as​ ​Voluntary


    Amendment​ ​as​ ​the​ ​party​ ​whose​ ​pleadings​ ​are​ ​to​ ​be​ ​amended​ ​itself
    seeks​ ​the​ ​amendment​ ​of​ ​their​ ​own​ ​pleadings​ ​because​ ​of​ ​some
    pertinent​ ​fact​ ​being​ ​left​ ​out.​ ​The​ ​addition​ ​of​ ​which​ ​is​ ​imperative​ ​to
    the​ ​just​ ​and​ ​fair​ ​trial​ ​and​ ​adjudication​ ​of​ ​the​ ​case.
    Order​ ​6,​ ​Rule​ ​17​ ​of​ ​the​ ​code​ ​of​ ​civil​ ​procedure​ ​provides-

    “The court may at any stage of the proceedings allow either party to alter or amend his
    pleadings in such a 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”

    The original provision of order 6, rule 17 was deleted by amendment act 4 of 1999,
    however it has again been restored by amendment act 22 of 2002 with a proviso
    attached. As per the proviso, no application for the amendment shall be allowed after
    the trial has commenced. However, there is an exception to the said rule, i.e. if the
    court comes to the conclusion that in spite of due diligence, the party could not have
    raised the matter before the commencement of the trial, such application for
    amendment may be allowed (​J.Samuel & Ors. V.Gattu Mahesh & Ors., 2012(1)RCR
    (Civil)903)​.The term due diligence determines the scope of party’s constructive
    knowledge claim and is very critical to the outcome of the suit. Duly diligent efforts
    are a requirement for a party seeking to use the adjudicatory mechanism to attain an
    anticipated​ ​relief.

    The Supreme Court in ​P.H.Patil V. K.S.Patil, AIR 1957 SC 353,Haridas Thadani V.


    Godrej Rustom Kermani, AIR 1983 SC 319​,has said that amendments should be
    allowed in suitable cases in order to overcome the effects of bona fide mistakes,
    whether law or fact under order 6,rule 17 of the code of civil procedure, the
    amendment application is normally granted unless the amendment causes prejudice to
    the other party.(​Mount Mary Enterprises V. Jivratna Medi Treat
    Pvt.Ltd.,2015(2)RCR(Civil)667,(2015)4​ ​SCC​ ​182).

    When​ ​Amendment​ ​is​ ​allowed​ ​By​ ​Court


    The power to allow the amendment is wide and can be exercised at any stage of the
    proceedings in the interests of justice ​(State of A.P. & Ors. V. Pioneer Builders,
    A.P.AIR 207 SC113)​.Where it is required in the interest of justice, the court always
    has the power to grant leave to amend.(​L.J .Leach & Company Ltd & Anr. V. Jardine
    Skinner And CO, AIR 1957 SC 357​).It cannot be intention of the Legislature to shut
    out amendments, as a result of which incorporation of relevant materials in a pending
    setting aside proceeding is prevented.(​State Of Maharashtra V. Hindustan
    Construction Company Ltd, AIR 2010 SC 1299​).An application for leave to amend
    pleading​ ​may​ ​be​ ​allowed​ ​in-

    1. Where​ ​there​ ​is​ ​a​ ​petty​ ​clerical​ ​mistake.


    2. Where​ n​ ew​ ​cause​ ​of​ ​action​ ​has​ ​not​ ​been​ ​sought​ ​to​ ​be​ ​added.
    3. Where nature of the suit is not changed nor is any substantial injury caused to
    be opposite party by the proposed amendment. An Amendment seeking to
    include a relief of a dissolution of partnership and rendition of accounts in a
    suit for partition and share in superstructure of cinema does not significantly
    alter the nature of the action but avoids the multiplicity of suits and hence it is
    not​ ​illegal(​Laxman​ ​Patnaik​ ​V.​ ​Cuttack​ ​Municipal​ ​Council,​ ​AIR​ ​1985​ ​Ori.90).
    4. Where​ ​no​ ​new​ ​ground​ ​is​ ​sought​ ​to​ ​be​ ​taken​ ​by​ ​the​ ​amendment.
    5. Where the defendant admits the pronote but denies the agreement and the
    plaintiff​ ​has​ ​applied​ ​for​ ​amendments​ ​seeking​ ​to​ ​fall​ ​back​ ​on​ ​the​ ​pronote.
    6. Where​ ​a​ ​defendant​ ​is​ ​sought​ ​to​ ​be​ ​added.
    7. Where​ ​a​ ​technical​ ​defect​ ​in​ ​the​ ​plaint​ ​is​ ​sought​ ​to​ ​be​ ​amended.
    The clause “however late the proposed amendment”, may not be construed by the
    lawyer to take an unnecessary delay in amending the pleading. Amendment may be
    allowed at any stage of proceedings, but he application must show the court that the
    knowledge of necessity for amendment has recently come to him. The Supreme Court
    in ​Rukhmani V. L .Lakshminarayana (1960 A.L.J 45 SC) that an application for the
    amendment to insert a consequential relief omitted in the suit should not be rejected on
    account​ ​of​ ​delay​ ​provided​ ​that​ ​delay​ ​has​ ​been​ ​satisfactorily​ ​explain.
    When​ ​Court​ ​Refuses​ ​Amendment
    The court should not allow amendment which is sought at a late stage and a new plea
    is taken which is inconsistent with previous plea taken by the party and thereby his
    opponent is displaced of a right which has already accured to him by lapse of time.
    The trial court should not allow an amendment at an extremely late stage on a point
    which is not relevant to the enquiry in question. No application for amendment of a
    pleading which substitutes certain paragraphs introducing entirely a different new case
    and seeking to displace the other party completely from admissions made in plaint or
    in written statement should be allowed. (​M/S.Ganesh Trading Co. V. Moji Ram, AIR
    1978​ ​SC​ ​484​).

    An application for amendment should be refused if it is not removed on an adjourned


    date of hearing .The adjournment for the purpose of pronouncing judgment is not
    adjournment of “the hearing of the suit” for there is nothing more to be heard in the
    suit, a day fixed for judgment is not a day fixed for hearing of the suit.(​Sethupati V.
    Chidambaram,AIR1938​ ​P.C.123​).

    Amendment should be refused only where the other party cannot be placed in the same
    position as if the pleading had been originally correct, but the amendment would cause
    him the injury which could not be compensated at any costs. Delay and laches on the
    part of the parties to the proceedings are relevant for allowing or disallowing an
    application for amendment of the pleadings and the facts and circumstances of each
    case require a judicial evaluation for the same.(​Buta Singh V. Union of India(1995)5
    SCC​ ​284,Union​ ​of​ ​India​ ​V.​ ​Pramod​ ​Gupta​ ​(2005)12​ ​scc​ ​1​).

    Failure​ ​to​ ​Amend:


    Failure to Amend is given in Order 6,Rule 18 of the Code of Civil Procedure, such
    amendments are required to be carried out in the pleadings by a party which has
    obtained leave to amend his pleadings within the time granted therefore and if no time
    was​ ​specified​ ​then​ ​within​ ​14​ ​days​ ​from​ ​the​ ​date​ ​of​ ​passing​ ​the​ ​order.

    Conclusion:
    “Amendments are intended for promoting ends of justice and not for defeating them”.
    It can be concluded that the amendment of pleading is necessary to avoid multiplicity
    of​ ​civil​ ​suits.​ ​There​ ​has​ ​to​ ​be​ ​certain​ ​criterion​ ​for​ ​granting​ ​or​ ​refusing.

    You might also like