Amending the plaint

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Hello Experts

Please let me know if amendment in the main petition( plaint) is allowed after the opponent files the counter statement( WS).

Thanks and regards

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Guest (Expert) 05 December 2011
yes it can be amended even after the written statement and for that you have to file the application for the amendment.

prabhakar singh (Expert) 05 December 2011
The Hon’ble Supreme court of India in Salem Advocate Bar Assn. v. Union of India [(2005) 6 SCC 344] has held that “It is to be noted that the provisions of Order 6 Rule 17 CPC have been substantially amended by the CPC (Amendment) Act, 2002. Under the proviso no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence, the matter could not be raised before the commencement of trial.

But since in your case only counter claim has been filled no difficulty should arise.

Kiran Kumar (Expert) 05 December 2011
yes it can be allowed provided the conditions contained in O6 R17 CPC are complied with...the judgment referred by Mr. Singh is best of the legal interpretation available on this aspect.