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Order VI, Rule 17 of the Civil Procedure Code talks about amendment of
pleadings.
At any stage of proceedings, the court may allow the plaintiff or defendant
to amend his pleadings. The amendment to pleadings shall be made
necessary if it determines the real questions in controversy among parties.
Proviso: But if the trial has commenced, then application for amendment
shall not be allowed unless the court concludes that in spite of due
diligence, the matter could not have been raised before.
What is meant by Amendment of Pleadings at Any Stage of
Proceeding

The 2002 amendment inserted the phrase 'at any stage.' It means 'prior to
trial.'
The party who desires to make an amendment to its pleading must raise
the matter before the trial commences. After trial, the court shall not allow

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the party to amend unless the party qualifies the condition of due diligence
laid down in proviso.
What is Due Diligence in Making Amendment

The word due diligence means reasonable care or caution, which an

ordinary man must exercise as conduct in his affairs. The party must prove
before the court that in spite of reasonable care and caution, it was not
possible to raise the issue earlier. The party must prove that there is no
intentional mistake or error on their part. The actions of the party must be
bonafide.
What Amendments are Necessary

All amendments are necessary, which determines the real questions in

controversy between the parties. A court before allowing amendment must
consider the following points:
1. The court must examine the issue of whether it is in the interest of
justice or not.
2. Before allowing the amendment, a court must be satisfied with the fact
that amendment is necessary for determining the real questions in
controversy.
3. If the matter raised for amendment prevents multiplicity of suits, the
court may allow it.
4. The court must be satisfied that the party seeking amendment has
exercised due diligence, and the applicant is not mala fide (bad intention).
When Court Shall Not Allow Amendment of Pleading

It is the discretionary power of the court to allow for amendment. All the
rules of procedure are the handmaids of justice. Every action of the
court is to achieve the ends of justice.
1. If allowing the amendment causes injustice to the other party, then it
shall not be permitted. or,
2. If the amendment proposed in pleading entirely changes the nature of a
suit, it shall not be allowed. or,

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3. If the application for amendment in pleading is made mala fide, it shall
not be allowed.
Finally: The amendments made under Order VI, Rule 17, are voluntary
amendments for ratifying one's own error or default.

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