When technically a trail commences
vinaykala
(Querist) 16 April 2012
This query is : Resolved
dear sir,
in the case of a suit for possession filed be me the defendant now wants to amend the written statement -- a delay of one and a half years.
no mateiral documents are added and no material information is sought to be added which has not been pleaded earlier.
i am informed that courts do disallow wuch amendments in ws if the trial has commenced.
in my case all evidences have been filed and i am to be crossexamined on april 18
kindly let know when the trail commences
is it after issues framed or is it after evidences filed
vinay kala
april 16,12
Shonee Kapoor
(Expert) 16 April 2012
Trial commences after framing of issues, now the court won't allow amendments to pleadings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vinaykala
(Querist) 16 April 2012
THANKS SHONEE BROTHER
VINAY KALA
prabhakar singh
(Expert) 16 April 2012
The proviso to Order 6 Rule 17 of the Code, provides that no application for amendment shall be allowed after the trial has commenced unless the court comes to a conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Legally speaking just after framing of issues "technically trial of suit commences"as then date for final hearing is fixed.Your case is a step ahead as your evidence is recorded.
Ajendraprasadji N.Pandey & Anr. Vs. Swami Keshavprakeshdasji N. & Ors. [2006 (12) SCC 1].
(Kailash v. Nanhku [2005 4 SCC 480]
jeevan1950
(Expert) 16 April 2012
Though legally amendemnt is not allowed please dont make it a prestige issue. cause the defendent wants you to make it a prestige issue and oppose the amendment. if court rejects his applicatin he can go for review and that will take another year or so.. SO if the amendment is not affecting the decision of court then no issues.
Raj Kumar Makkad
(Expert) 16 April 2012
As you are also of the opinion that even if the amendment is allowed, it is not going to change the nature or the defence of the parties then get such application allowed subject to without change of the ongoing process and thus defendant can be got pacify without any delay in the case.
Adv.R.P.Chugh
(Expert) 16 April 2012
I beg to differ from Mr.Shonee here, Normally trial is said to commence soon after the framing of issues - however with respect to amendments - the provision is interpreted liberally to allow as much time to amend as possible, trial is said to commence here "when the evidences are taken" Hence after framing of issues before taking of evidence it is routinely allowed.
After which though, it would be allowed only on satisfaction of conditions of proviso to O6 R 17
