Amendments in pleadings

Amendment in pleadings refers to the process by which parties involved in a legal case can make

changes or modifications to their initial statements, known as pleadings. This is an important

aspect of the pre-trial phase in a legal proceeding. Here are some key points to consider:

Pleadings in Legal Cases:

Pleadings are formal written statements filed by parties in a legal case. They set out the claims,

defenses, and other relevant details of the case. The main types of pleadings include the

complaint (by the plaintiff), answer (by the defendant), counterclaim (by the defendant against

the plaintiff), and reply (by the plaintiff responding to the counterclaim).

Purpose of Amendment:

Amendments in pleadings are allowed to correct errors, update information, and refine legal

arguments. They can help ensure that the case is decided on its merits and not on technicalities.

Right to Amend as of Course:

In most jurisdictions, parties typically have the right to amend their pleadings once without

seeking permission from the court. This is known as the “right to amend as of course.” It's often

exercised early in a case to correct minor mistakes or oversights.

Seeking Court Permission:

If a party wishes to make subsequent amendments beyond the initial one, they may need to seek

permission from the court. The court will consider several factors in deciding whether to grant

this permission:
Delay

The court will assess if the amendment causes undue delay in the proceedings

Prejudice

It will consider whether the opposing party would be unfairly prejudiced by the proposed

amendment.

Interests of Justice

Courts aim to promote justice, so they will weigh the potential benefits of the amendment

against any potential harm or injustice.

Effect of Amendments

When an amendment is allowed, the amended pleading replaces the original one. This means that

the court will consider the case based on the amended version.

Limitations on Amendments

While amendments are generally encouraged, there can be limitations. For example, courts may

be less inclined to allow amendments that introduce entirely new claims or causes of action at a

late stage of the case.

Procedural Rules and Jurisdiction

The rules and procedures for amending pleadings can vary based on jurisdiction and the specific

court. It’s important to consult the local rules and court procedures.

Case Law and Precedents

Past court decisions and precedents can offer guidance on how courts have handled amendments

in similar cases. This can help parties and their legal representatives anticipate how a court might

respond to a request for amendment.

Remember that the specific details and procedures surrounding amendments in pleadings can

vary, so it's crucial to consult local legal resources and, if needed, seek guidance from legal

professionals who are well-versed in the jurisdiction in which the case is being heard.

Purpose
Understanding the purpose of amendment in pleading

1.1. Correction of errors

Amendment in pleading primarily serves as a mechanism to correct errors. These errors can be factual inaccuracies, typographical mistakes, or other issues that may

exist in the initial pleading. Correcting such errors is essential to ensure that the court's consideration is based on accurate and reliable information. Without this

provision, parties might be unfairly penalized for minor or inadvertent mistakes in their initial filings.

1.2 Inclusion of new information

As cases progress, parties may discover new evidence, facts, or legal arguments that were not initially apparent when they filed their pleadings. Amendment allows

them to include these developments in their case, ensuring that the court has access to the most up-to-date and comprehensive information. This ensures that justice is

based on the most current and relevant facts.

1.3. Legal and procedural developments

The legal landscape is not static; it evolves over time. Amendment accommodates changes in laws or legal precedents that may have occurred since the initiation of the

lawsuit. This ensures that the case is decided in accordance with the most current legal standards, preventing situations where parties would be held to outdated legal

principles.

1.4. Prevention of undue prejudice

Amendment also plays a critical role in preventing undue prejudice. Imagine a scenario where a party's initial pleadings misstate a fact in a way that harms the

opposing party. For instance, a simple typographical error might lead to a significantly distorted presentation of facts. Amendment enables the party to correct such

inaccuracies, ensuring that fairness prevails.

2. Procedural aspects of amendment in pleading

2.1. Timing of amendments

Amendments to pleadings can be requested at various stages of a lawsuit. The timing and permissions associated with these requests can vary based on the rules and

practices of the jurisdiction. Here are some common stages:

2.1.1. Pre-filing amendments

In some jurisdictions, parties can amend their pleadings even before they are filed with the court. This can be done without formal permission, and it allows for

flexibility in crafting initial pleadings.

2.1.2. After filing and before service

Once pleadings have been filed but not yet served on the opposing party, amendments may still be made relatively easily. In many cases, no formal permission from the

court is required at this stage.

2.1.3. After service and before response

Once the opposing party has been served with the pleadings, amendments may still be made without formal permission, although notice to the other party may be

required.

2.1.4. After response

Amendments after the opposing party has responded to the initial pleading may require either the consent of the opposing party or court permission, depending on the

rules of the jurisdiction. This stage is often critical as the opposing party's position has been presented.

2.1.5. Amendments during trial

In some cases, parties may seek to make amendments even during the trial. This can be a complex and strategic decision, subject to the court's discretion, and may be

allowed in exceptional circumstances.

2.2. Content of amendments

The content of the proposed amendments is a crucial aspect of the process. Parties must clearly state what they intend to change or add in their pleadings. This is

typically done through a written motion or request, specifying the exact language of the proposed amendments. Clarity and specificity are vital to inform the court and

the opposing party about the proposed changes.

2.3. Notice and service

In most cases, parties are required to provide notice to the opposing party of their intent to amend pleadings. The form and content of this notice may vary depending

on the jurisdiction and the stage of the lawsuit. Notice is designed to ensure transparency and an opportunity for the opposing party to respond or object to the proposed

amendments.

2.4. Objections and responses

The opposing party often has the opportunity to object to proposed amendments. Common objections include claims of prejudice, undue delay, or the assertion that the

proposed changes are futile. The court will consider these objections when deciding whether to permit the amendments, and the opposing party's objections are

typically part of the court's evaluation process.

3. Court's discretion and considerations

The decision to allow or deny an amendment is at the discretion of the court. Courts generally consider several factors when making this determination:

3.1. Prejudice to the opposing party

One of the primary considerations is whether allowing the amendment would prejudice the opposing party. If the proposed changes would harm the opposing party's

ability to present their case, result in significant additional efforts or costs, or lead to a disadvantage, the court may be less inclined to grant the amendment. The

principle of fairness to all parties is a cornerstone of the legal system.

3.2. Delay and procedural impact

Courts also evaluate the impact of the proposed amendment on the overall timeline and procedural aspects of the case. If the amendment would result in undue delay or

disrupt the orderly progression of the case, the court may be less receptive to it. The courts aim to ensure cases move forward efficiently while still preserving fairness.

3.3. Futility of amendment

If the court determines that the proposed amendments would not rectify the issues in the case or would not change the ultimate outcome, it may be less likely to permit

the amendments. Courts are mindful of the need to avoid unnecessary legal proceedings.

3.4. Good faith and reasonableness

The court often evaluates whether the party seeking the amendment is acting in good faith and whether the proposed changes are reasonable. Frivolous or vexatious

amendments, which may be seen as attempts to harass the opposing party or unduly prolong the case, are less likely to be approved. Parties are expected to act honestly

and reasonably.

3.5. Stage of the litigation

The stage of the lawsuit also matters. Courts tend to be more lenient with amendments earlier in the process, such as before trial, and may be less accommodating with

last-minute changes during trial. This consideration acknowledges the need for procedural predictability and fairness to all parties.

4. Effect of amendments in pleading

Once the court grants permission for the amendments, the amended pleading supersedes the original one. This means that the case will proceed based on the amended

claims or defenses. The amended pleading becomes the operative document for the purposes of the lawsuit, and the court, the parties, and any further legal proceedings

will be based on this amended version.

5. Jurisdictional variations

It's essential to understand that the specific rules and procedures governing amendment in pleading can vary by jurisdiction. Different countries and even different

states or regions within a country may have distinct rules and practices regarding amendments. This reflects the principle of legal federalism, where local rules and

practices are respected.

Legal practitioners and parties involved in lawsuits must be well-versed in the rules and case law specific to their jurisdiction to effectively navigate the process of

amendment in pleading.

6. Practical considerations
Amendment in pleading is not only a legal process but also a strategic one. Parties and their legal representatives need to carefully weigh the benefits and potential risks

of seeking an amendment. Key practical considerations include:

6.1. Legal strategy

Amendments should align with the overall legal strategy. Parties must assess whether the proposed changes will strengthen their case or defense. A well-thought-out

strategy should guide the decision to seek an amendment.

6.2. Communication with opposing party

Open and transparent communication with the opposing party is often valuable. Discussing proposed amendments and seeking consensus when appropriate can lead to

smoother proceedings. In some cases, the opposing party may agree to the amendments, reducing the need for formal court approval.

6.3. Legal costs and time management

Parties should be mindful of the potential legal costs and time implications of amendments. While amendments can be essential for justice, parties should be realistic

about the resources required for amendment requests and how they may impact the overall timeline of the case.

6.4. Expert legal advice

Seeking the counsel of experienced legal professionals is often crucial. Lawyers can provide guidance on when and how to seek amendments, taking into account legal

strategy, jurisdictional requirements, and the specific circumstances of the case.

In conclusion, amendment in pleading is a critical element of the legal process that ensures fairness, accuracy, and flexibility within the legal system. It allows parties to

refine their claims or defenses as cases evolve, legal standards change, or errors are corrected. While it operates within the framework of procedural rules and court

discretion, the overarching goal is to facilitate the just and efficient resolution of legal disputes. Legal practitioners and parties involved in lawsuits must navigate this

process thoughtfully, keeping in mind the principles of fairness and the specific rules of their jurisdiction.

What are the Pleadings?

Before understanding amendment of pleadings, there is a need to explain what is Pleadings and its Rule. Pleadings are the statements which are the backbone of every

civil suit. No civil suit will come into existence if there are no Pleadings. Pleadings have been defined under Order 6 Rule 1 of CPC which states that Pleading shall be

Plaint or Written Statements. Plaint is the statements filed by the Plaintiff in a Civil Court to prove his claim whereas Written statements are the statements defined in
Order 8 Rule 1 of CPC which states that defendant should file written statements in 30 days from the date of issuance of the summons. Written statements are filed by

the defendant for his defense. Plaint has not defined in CPC but it can be termed as pleadings of Plaintiff from which civil suit is initiate Pleadings should be properly

drafted and it should not contain any vague or unambiguous statements. Pleadings are those material facts which helps plaintiff to define the cause of action and

defendant to establish his defense in a civil suit.

 What rules to be followed while drafting of pleadings?

 Pleading should contain the facts but no law should be applied in pleadings. Only the

court has the power to apply the law on the basis of fact stated in the Pleadings. In the case

of Gouri Dutt Ganesh Lal Firm v. Madho Prasad,1 honorable court stated that Pleadings should

be defined in four words – “Plead Facts, not laws”.

 Pleadings should contain material facts. Parties should avoid using immaterial or

irrelevant facts in the Pleadings. In the case of Virender Nath v. Satpal Singh2, the court stated

that material facts are those facts which helps Plaintiff to define his cause of action or defendant

to strong his defense.

 Parties should not give the evidence in the pleadings from which facts are proved.

 Pleadings should contain the material facts in the brief form. Parties should avoid using

irrelevant or immaterial statements while drafting the Plaint.

Order VI Rule 17 Code of Civil Procedure :

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 determining 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.”
In which stage of civil suit pleading can be amended?

The Provision related to Amendment of Pleadings gives power to the civil court to allow parties to alter, amend or modify the pleadings at any stage of proceedings1.

Provision for Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure. But the court will allow amendment only if this amendment is

necessary to determine the controversy between the parties. The purpose of this provision is to promote ends of justice and not to defeat the law.

The Proviso of Order 6 Rule 17 states that court will not allow application of amendment after the trial has been commenced unless court comes to the conclusion that

party did not raise the relevant facts before the commencement of the trial. This proviso gives discretionary power to the court to decide on the application of pleadings

after the commencement of the Trial. An institution of the suit is necessary for applying for amendment of pleadings.

This provision was deleted by the Civil Procedure (Amendment) Code, 1999. This omission was made to ensure consistency in new changes in the civil code. But later,

it was restored by the Civil Procedure (Amendment) Code, 2000. This amendment has given power to the court to allow application of the pleadings with some

limitation.

In the case of Gurdial Singh v. Raj Kumar Aneja4, the court stated that any person who is applying for the amendment of pleadings should state that what is to be

altered, amended or modified in the original pleadings.

In the case of the Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Ors5, the court stated that Amendment of pleadings consists of two parts :

In the first part, the word ‘may’ gives discretionary power to the court to allow or disallow application of pleadings.

In the second part, the word ‘shall’ gives obligatory direction to the civil court to allow the application of pleadings if this amendment is necessary for the purpose of

determining the real questions in controversy between the parties.

Why court allows amendment of Pleadings?

The primary objective for the court to allow application for Amendment of Pleadings is secure the ends of the justice and prevent injustice to other parties. Also, this

amendment is necessary for the purpose of determining the real questions in controversy between the parties. Amendments of pleadings help the parties to correct its

mistakes in the pleadings. In the case of Cropper v. Smith, the court stated that the object behind amendment of pleadings is to protect the rights of the parties and not

to punish them for the mistake made by them in the pleadings.

What can be amended in pleading?

Plaint filed by the Plaintiff

Written Statements filed by the Defendant

 Importance of the Doctrine of Relation back in Amendment of Pleadings

When the court allows the application of the Amendment of Pleadings then it relates back to the date of suit. But in the case of Sampath Kumar v. Ayyakannu6, the

court stated that in some special cases, the court can direct that amendment of pleadings will not relate back to the date of suit.

Amendment of Pleadings when granted:

In the case of Kishan Das Vithoba Bachelor, the court stated that there are two necessary conditions to be satisfied before granting leave for amendment of pleadings:

This grant of leave should not leads to the injustice to other party.

This Amendment of pleadings is necessary for determining the real question of controversy between parties.

In the case of Rajkumar Gurawara (Dead) Thr. L.Rs. Vs S.K. Sarawagi And Co. Pvt. Ltd. And Anr, the honorable Supreme Court stated certain conditions when

amendments of Pleadings can be allowed they are:

When nature of the case will change by allowing application for amendment of appeal

When a new cause of action arise by allowing application of an amendment

When Amendments of Pleadings defeats the law of limitation.

Other points on which Amendments of Pleadings is granted:

When the application of amendment is filed to avoid multiplicity of suits.

When parties in the plaint or written statements wrongfully described.

When the plaintiff omits to add some properties to the plaint.

Amendment of Pleadings when refused:

Application of amendment of Pleadings is rejected by the court when this amendment is not necessary for determining the real question of controversy between parties.

Application of amendment of pleadings is rejected when it leads to the introduction of a totally new case. In the case of the Modi Spg. Mills v. Ladha Ram & sons7

Supreme Court held that “ the defendant cannot be allowed to change completely the case made in certain paragraphs of the written statement and substitute an entirely

different and new case”.

When the Plaintiff or defendant is negligent

When proposed alteration or modification is unjust

Application for Amendments of Pleadings is refused when it violates the legal rights or cause injustice to the other party

Leave to amend is refused when it leads to the needless complications in the case.

Leave to amend is refused when there has been excessive delay by the parties in filing the suit.

Application of Amendment is refused when it changes the nature of the disputes

The court will not grant application of amendment of pleadings if it is made with mala fide intention.

Where several opportunities are given to parties to apply for amendment of pleadings. But they failed to make an application.

 Step by Step procedure for filing an application Amendment of Pleading

Step 1 – Firstly the Plaintiff or Defendant who wants to amend its pleadings can write an application for the amendment of pleadings to the concerned civil court

Step 2 – After drafting the application applicant needs to produce the application before the concerned civil judge.

Step 3 – He has to pay a required court fee under court fees Act, 1870.

Step 4- Applicant needs to tell the purpose of the alteration in his application.

Step 5 – Judge will read the application and if he thinks fit that this alteration or amendment is necessary for the purpose of determining the real questions in

controversy between the parties Than he will grant permission for amendment for pleading.

Step 6 – After getting the order from the court, the applicant needs to file new pleadings within the prescribed time and if no time has been prescribed by the court then

he needs to file it in 14 days from the date of order.

Step 7 – He also needs to give a copy of altered pleadings to the opposite party

 Can the pleadings be amended if the suit is debarred by the Limitation Act

In the case of L.J. Leach & Co. Ltd. V. Jardine Skinner & Co8, the Supreme Court stated that court can decline the application of amendment of pleadings if it is

debarred by the Limitation Act. But the court has discretionary power to allow this application to secure ends of justice. The limitation can be ground for rejecting the

application but the court can allow if the court thinks that amendment is necessary.
In the case of South Konkan Distilleries & Anr v. Prabhakar Gajanan Naik & Ors9, the court stated that it is settled principle that court can disallow the application of

amendment if on the date of the filing of Application it is barred by the limitation. But this not mean that court cannot order grant for Application. For securing the

interest of justice, the court has discretionary power to allow application of amendment of pleading.

In the case of Pankaja & Anr v. Yellappa (D) by lrs & Ors10, the court held that there is no settled principle that which states that court can reject the application of

amendment if on the date of filing the application it is barred by limitation. The court stated the discretion to allow or not to allow application depends on the factual

background of the case. If facts & circumstance of the case clearly establishes that this amendment is necessary to determine the cause of action and to avoid further

litigation then the court should allow this application.

In the case of Ragu Thilak D. John v. S. Rayappan11, the court stated that it is disputed fact that application of amendment will be allowed or not when it is barred by

the Limitation. But in many cases, the issue of limitation is made an issue in the suit, In those cases, application of amendment is allowed for disposing of the case.

In the case of Vishwambhar v. Laxminarayan12, the court held that application for amendment of Pleading is to the relate back to a filling of the date of application not

to the date of filing of the suit.

Why Order 6 Rule 17 is been criticized?

Application of the Amendments delays Justice. Arun Mohan, senior lawyer-author of the book called “Justice, Courts, and delays” tells in his book that almost 80% of

the application for the amendment is filed with the sole objective of delaying the proceedings.

One of the big challenges faced by the Indian courts is the backlog of the cases. Civil court is already burdened with lot many cases and amendment of pleadings puts

more burden on the civil courts

Order 6 Rule 17 is the most misused law.

It is a hindrance to speedy disposal of the matter

It has more possibilities & chances of violation of legal rights of other side.

Sometimes it is difficult to find the real question of controversy between parties

The controversy between Amendment of proceedings and the Limitation is still not settled. In different cases, there are different interpretations of this rule.

Many applicants with the mala fide intention are filing the application for amendment. It is not easy for the civil court to establish mala fide intention of the parties.

What happens when an applicant fails to amend in a prescribed time?

  Provision : Order VI Rule 18 Civil Procedure

Failure to amend after order : If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the

order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as

aforesaid or of such fourteen days, as the case may be, unless the time is extended by the Court.

Order VI rule 18 states that when a party had application for amendment and it is allowed by the court through an order. But the party does not amend it within the time

prescribed in the order or if no time is prescribed, within the fourteen days from issuance of order then the party will be not permitted to amend.

 Conclusion

Pleadings are the backbone of every civil suit. Pleadings can be in Plaint or Written Statements form. Amendment of pleadings means the alteration, modifications &

amendment in original pleadings by an application to the court. For avoiding multiplicity of suits, the court allows application of the amendment of pleadings. But it is

true that the amendment of pleadings is a major reason for the delay in the justice. The court should allow applications for an amendment which is made in good faith

and determine the real question of controversy between the parties. The court should not allow an application which is made with the mala fide intention or to delay the

proceedings. Amendments of Pleadings is a good law to correct mistakes in pleadings but it should be allowed with due care and diligence.