Amendment of plaint second time.
JAIME
(Querist) 16 March 2013
This query is : Resolved
SIR,
In My Civil Suit I had been allowed once to amend the Plaint. But after subsequent events I need to place new Orders on record with averments. Also some fact in possession remained to be added in the plaint the last time. Is there any restriction in the Law to disallow all the evidence in possession whether subsequent or previously obtained just before framing of the issues or once the issues are framed but before filing Affidavit in evidence and calling the witnesses on the withstand, so long as the amendment is based on the same cause of action and necessary to determine the question in controversy, avoid multiplicity of suits and causes no prejudice to the defendant who has the opportunity to submit his reply to the amendment?
Thanks.
Devajyoti Barman
(Expert) 16 March 2013
What is the status of the suit?
If evidence is not started as yet then all the amendments on factual aspects are generally allowed.
However if trial has been initiated then you have to satisfy that the amendment sought for has a subsequent event.
Raj Kumar Makkad
(Expert) 16 March 2013
There is no bar to move even subsequent amendment. Amendment can even be brought before pronouncement of the judgment, however, it is the judicious discretion of the court to allow or disallow such application. Go through Order 6 Rule 17 of CPC.
Every evidence needs not to amend the plaint if the same otherwise supports the case of the plaintiff without disclosing altogether different facts.
Manjeet kumar sahu
(Expert) 17 March 2013
On 16th January, 2012, in the case of J. Samuel and Others v. Gattu Mahesh and Others [Civil Appeal No.561 of 2012], it was held that "the primary aim of the court is to try the case on its merits and ensure that the rule of justice prevails. For this the need is for the true facts of the case to be placed before the court so that the court has access to all the relevant information in coming to its decision. Therefore, at times it is required to permit parties to amend their plaints. The Court's discretion to grant permission for a party to amend his pleading lies on two conditions, firstly, no injustice must be done to the other side and secondly, the amendment must be necessary for the purpose of determining the real question in controversy between the parties." However to balance the interests of the parties in pursuit of doing justice, a "proviso has been added to Order VI,Rule 17 CPC which clearly states 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. Due diligence is the idea that reasonable investigation is necessary before certain kinds of relief are requested. Duly diligent efforts are a requirement for a party seeking to use the adjudicatory mechanism to attain an anticipated relief." "The term 'Due diligence' is specifically used in the Code of Civil Procedure so as to provide a test for determining whether to exercise the discretion in situations of requested amendment after the commencement of trial." "The term "due diligence" determines the scope of a party's constructive knowledge, claim and is very critical to the outcome of the suit."
Raj Kumar Makkad
(Expert) 17 March 2013
Thanks Sahu for more clarification on the subject.
