Before understanding amendment of pleadings, there is a need to explain what is Pleadings and its Rule. Pleadings are the statements which are the backbone of every civil suit. No civil suit will come into existence if there are no Pleadings. Pleadings have been defined under Order 6 Rule 1 of CPC which states that Pleading shall be Plaint or Written Statements. 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. Written statements are filed by the defendant for his defense. 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. Pleadings are those material facts which helps plaintiff to define the cause of action and defendant to establish his defense in a civil suit.
What rules to be followed while drafting of pleadings?
Order VI Rule 17 Code of Civil Procedure :
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.”
In which stage of civil suit pleading can be amended?
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 1 . 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.
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. 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.
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. But later, it was restored by the Civil Procedure (Amendment) Code, 2000. This amendment has given power to the court to allow application of the pleadings with some limitation.
In the case of Gurdial Singh v. Raj Kumar Aneja 4 , the court stated that any person who is applying for the amendment of pleadings should state that what is to be altered, amended or modified in the original pleadings.
In the case of the Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Ors 5 , the court stated that Amendment of pleadings consists of two parts :
Why court allows amendment of Pleadings?
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. Also, this amendment is necessary for the purpose of determining the real questions in controversy between the parties. 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?
Importance of the Doctrine of Relation back in Amendment of Pleadings
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. Ayyakannu 6 , 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:
In the case of Kishan Das Vithoba Bachelor, the court stated that there are two necessary conditions to be satisfied before granting leave for amendment of pleadings:
In the case of Rajkumar Gurawara (Dead) Thr. L.Rs. vs S.K. Sarawagi And Co. Pvt. Ltd. And Anr, the honorable Supreme Court stated certain conditions when amendments of Pleadings can be allowed they are:
Other points on which Amendments of Pleadings is granted:
Amendment of Pleadings when refused:
Step by Step procedure for filing an application for Amendment of Pleadings
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
Can the pleadings be amended if the suit is debarred by the Limitation Act
Why Order 6 Rule 17 is been criticized?
What happens when an applicant fails to amend in a prescribed time?
Provisionon : Order VI Rule 18 Civil Procedure
Order VI rule 18 states that when a party had application for amendment and it is allowed by the court through an order. But the party does not amend it within the time prescribed in the order or if no time is prescribed, within the fourteen days from issuance of order then the party will be not permitted to amend.
Pleadings are the backbone of every civil suit. Pleadings can be in Plaint or Written Statements form. Amendment of pleadings means the alteration, modifications & amendment in original pleadings by an application to the court. For avoiding multiplicity of suits, the court allows application of the amendment of pleadings. But it is true that the amendment of pleadings is a major reason for the delay in the justice. The court should allow applications for an amendment which is made in good faith and determine the real question of controversy between the parties. The court should not allow an application which is made with the mala fide intention or to delay the proceedings. Amendments of Pleadings is a good law to correct mistakes in pleadings but it should be allowed with due care and diligence.
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