Amendment of Pleading
⇓
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. The Provision related to Amendment of Pleadings gives power to the civil court to allow parties to alter, amend or modify the pleadings at any stage of proceedings.
2. Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But 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 Proviso of Order 6 Rule 17 states that 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. The primary objective for the court to allow application for Amendment of Pleadings is secure the ends of the justice and prevent injustice to other parties.
2. Also, this amendment is necessary 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. In the case of Cropper v. Smith, the court stated that the object behind amendment of pleadings is to protect the rights of the parties and not to punish them for the mistake made by them in the pleadings.
What can be amended in pleading?
Doctrine of Relation Back ⇒
When the court allows the application of the Amendment of Pleadings then it relates back to the date of suit. But in the case of Sampath Kumar v. Ayyakannu6, the court stated that in some special cases, the court can direct that amendment of pleadings will not relate back to the date of suit.
Amendment of pleadings when granted? ⇒
There are followings necessary conditions to be satisfied before granting leave for amendment of pleadings:
a. This grant of leave should not leads to the injustice to other party.
b. The Amendment of pleadings is necessary 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. Application of amendment of Pleadings is rejected by the court when this amendment is not necessary for determining the real question of controversy between parties.
2. Application of amendment of pleadings is rejected when it leads to the introduction of a totally new case. In the case of the Modi Spg. Mills v. Ladha Ram & sons7 Supreme Court held that “the defendant cannot be allowed to change completely the case made in certain paragraphs of the written statement and substitute an entirely different and 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. The court will not grant application of amendment of pleadings 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.
Procedure for filling application for amendment
Step-1 ⇒
Firstly the Plaintiff or Defendant who wants to amend its pleadings can write an application for the amendment of pleadings to the concerned civil court
Step-2⇒
After drafting the application applicant needs to produce the application before the concerned civil judge.
Step-3⇒
He has to pay a required court fee under court fees Act, 1870
Step-4⇒
Applicant needs to tell the purpose of the alteration in his application.
Step-5⇒
Judge will read the application and if he thinks fit that this alteration or amendment is necessary for the purpose of determining the real questions in controversy between the parties Than he will grant permission for amendment for pleading.
Step-6⇒
After getting the order from the court, the applicant needs to file new pleadings within the prescribed time and if no time has been prescribed by the court then he needs to file it in 14 days from the date of order.
Step-7⇒
He also needs to give a copy of altered pleadings to the opposite party.
Author Bio
Amendment:- can new fact & proceeding be brought on record at the stage of evidence? As per civil procedure code 1908. Deleting old facts & incorporating new facts can be possible at the stage of evidence. The facts sought to be incorporated in the plaint were subsequent events which have occured after filing the suit and as said the question of the said fact at the time of filing the suit would not arise change the nature of suit. Please reply me of this massage.
1))Amendment can new fact and pleading be brought on record at the stage of evidence as per Cibil procedure code 1908 .2) deleting old facts & incorporating news facts can be possible at the stage of evidence. 3) The facts sought to be incorporated in the plaintiff w ere subsequent events which have occured after filing the suit and as such the question of the plaintiff having knowledge of the said facts at the time of filing the suit could not arise change the nature of suit.
I am the GPA Holder in a divorce proceedings initiated by my daughter. She signed as Petitioner and I had also signed left side as GPA Holder and filed the petition in 2017. The present stage is examination in chief of my daughter is over and posted for cross-examination. At this stage, the respondents Advocate orally brought to the notice of the court that the petition is not maintainable. The Judge also asking me to set-right the same. I need advice as to whether the objection made at this stage is maintainable and any chance of dismissing my petition.
Most usefull, Excelent Descipcion of Order VI of Rule 17 of CPC.