whether amendment of written statement can be allowed after commencement of trial
saurav (private practice) 30 July 2009
whether amendment of written statement can be allowed after commencement of trial
Anish goyal (Advocate) 30 July 2009
Vishwa Bhushan Arya (Service) 30 July 2009
After the amendment in CPC in 2002, the proviso says not after the trial has begun.
V.V.RAMDAS (Advocate) 31 July 2009
saurav,
The language of the Order 6 Rule 17 CPC is very clear that even after commencement of trial it can be amended and the exact language is -" unless the Court comes to the conclusinon that in spite of the due diligence, the party could not hve raised the matter before the commencement of trial."So the party /advocate has to convince the court to apply his discration to amend the pleadings. More over another Section isthere in the CPC (153) which is specialy meant for amendment.. one can use the help of the section 153 cpc.
G. ARAVINTHAN (Legal Consultant / Solicitor) 31 July 2009
If the court feels the amendment is needed to prove the case or makes the defendant to defend his case, then the court can at any time order for amendment on any such application. Commencement of trial wont be a hindrance on that aspect
Y V Vishweshwar Rao (Advocate ) 01 August 2009
i agree with Mr Prabahker and M r Ramdas and further add that by amendment of the W S , there should not be any contrary plea to original Pleadings and it should not be undue disadvantage to the plaintfif and the Court will consider these aspects while cosnideing the petitions for amedment !
Deekshitulu.V.S.R (B.Sc, B.L) 02 August 2009
My feeling is that generaly amendments have to be allowed, since there is a provision, unless the court feels that the same is intended to delay the process of trial. But in case of amendments which will take away the valuable right accured to an opposite party to the suit. In all cases the court has to move with all deligence and scrutinise the relevancey of the proposed amendment.
aruntrivedi (lawyer) 02 August 2009
under O VI R.17 cpc it can be amended and also you can submit further arguments.