O.VI Rule 17
Kumar Krishan Agarwal Advocate
(Querist) 29 October 2009
This query is : Resolved
Dear Friends,
What is the clear mean of this ?
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.
According to your own interpretation.
J.D.Sharma
(Expert) 04 December 2009
the pleading requirement in courts accross the country under Indian civil procedure code requires parties to raise all affirmative assertions or defences when first alleging or responding to the claim. Failure to do so may precude assertion later on during the trail. such assertion or defence includes:-
accord and satisfaction
arbitration and award
contributory negligence, duress estoppel,fraud, laches, res judicata limitaion, etc.
a failure to first assert these usually result in waiver although court may sometimes allow the amendments in pleading open showing of some genuine cause provided party seeking to amend the pleading have to show that the mistake/error has happened due to some untoward circumstances, inspite of acting to the party with due diligence. Court may in its discretion also permits to amend the pleadings which results from the change of circumstances after the commencement of the trail.
the above quoted language is from Order 6 Rule 17 of CPC which is reproduced below:-
Amendment of Order VI.-In the First Schedule, in Order VI, for
rules 17 and 18 [as they stood immediately before their omission by
clause (iii) of section 16 of the Code of Civil Procedure (Amendment)
Act, 1999 (46 of 1999)], the following rules shall be substituted,
namely:-
"17. Amendment of pleadings.-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 de ermining the real
questions in controversy between the parties:
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.
