Order 6 Rule 17 CPC – Amendment of Pleadings, including key concepts and important judgments:

Order 6 Rule 17 CPC – Amendment of Pleadings, including key concepts and important judgments:

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Order 6 Rule 17 CPC – Amendment of Pleadings

Legal Provision:

"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..."

This provision empowers the court to permit amendment of the plaint or written statement to determine the real questions in controversy between the parties.

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Key Concepts:

1. Discretion of the Court:

   • The court has full discretion to allow or refuse amendment.

   • Amendments should not cause injustice to the opposite party.

2. Timing of Amendment:

   • Amendment can be allowed at any stage, but the 2002 amendment added a limitation:

   No amendment shall be allowed after the commencement of trial unless the court is satisfied that the party could not have raised the matter earlier despite due diligence.

3. Purpose:

   • To avoid multiplicity of proceedings

   • To enable courts to adjudicate the real issues involved

4. Not Allowed If:

   • It changes the nature of the suit

   • It causes injustice or prejudice to the other side

   • It is filed with mala fide intent

   • It is time-barred and doesn’t relate back to the original pleading

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Landmark Judgment:

Rajkumar Gurawara v. S.K. Sarwagi & Co. Pvt. Ltd. (2008) 14 SCC 364

Key Points:

• Amendment should be allowed if it helps the court decide the real controversy.

• Delay alone is not sufficient ground to reject amendment.

• If the new facts were known and could have been included earlier, and are not, then "due diligence" test fails post-trial.

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Other Important Judgments:

• Revajeetu Builders v. Narayanaswamy (2009) 10 SCC 84:

  • Laid down the balancing test: Whether amendment causes injustice or helps resolve real dispute.

• K.K. Iron & Steel Co. v. M/s Jain Steels Ltd. (AIR 2002 SC 51):

  • Amendment allowed even after long delay, as no prejudice was caused.

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Practical Tip:

Always file for amendment:

• Early in the suit

• With full disclosure of reasons for delay

• Demonstrating no prejudice to the other party

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