Amendment of Pleadings CPC

Amendment of pleadings means making changes to the formal written statements submitted by
parties in a court case. In India, according to the Code of Civil Procedure (CPC), parties can
make these changes during a trial with the court’s permission. The purpose of amending
pleadings is to make sure that the real issues in the case are addressed and that justice is served.
However, there are conditions for making these changes, such as not causing harm to the other
party and following the time limits set by the court.

Order VI, Rule 17 of the Code of Civil Procedure deals with amending pleadings. Pleadings are
the statements made by the Plaintiff or the Defendant in their respective claims and responses.
An amendment can involve altering, modifying, or deleting something in these statements.

Order VI Rule 17 reads as under:

“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 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.”

Principles Governing Amendment of Pleadings

Bona Fide and Honest Amendments: The court emphasized that while deciding applications
for amendments, it should not refuse amendments that are bona fide, legitimate, honest and
necessary. On the other hand, amendments made with mala fide and dishonest intentions should
not be permitted.

Purpose of Order VI Rule 17: Order VI Rule 17 of the Code of Civil Procedure allows parties
to alter or amend their pleadings to ensure justice. Amendments cannot be claimed as an absolute
right, but the courts should not adopt a hyper-technical approach when deciding such requests. A
liberal approach should generally be followed, especially when the other party can be
compensated with costs.

Conditions for Amendment of Pleadings

The Supreme Court of India, in the case of Rajkumar Gurawara (Dead) Thr. L.Rs. vs. S.K.
Sarwagi And Co. Pvt. Ltd. established certain conditions that must be met for the grant of an
application for amendment. These conditions include:

 When the proposed amendment fundamentally changes the nature of the case.
  When the amendment introduces a new cause of action and unfairly prejudices the other
party.
 When allowing the amendment application would violate the law of limitation.

The plaintiff in this case not only failed to meet the conditions specified in the proviso to Order
VI Rule 17 but also, on the merits of the case, their claim was found to be rejectable.

Instances When Amendment of Pleadings is refused

There are circumstances when the court may refuse to grant permission for amending pleadings:

Not Necessary for Determining Controversy: If the amendment is not essential for resolving
the core dispute between the parties.

Introduction of Completely New Case: If the proposed amendment completely changes the
case’s essence and introduces an entirely new set of facts or claims.

Negligence: If the plaintiff or defendant has been negligent in seeking the amendment.

Unjust Alteration or Modification: If the proposed changes are deemed unfair or unjust.

Violation of Legal Rights or Injustice: If the amendment violates the legal rights of the other
party or results in injustice.

Needless Complications: When the amendment would unnecessarily complicate the case.

Excessive Delay: If there has been undue delay in filing the suit or requesting the amendment.

Change in Nature of Disputes: If the proposed amendment significantly alters the nature of the
disputes in the case.

Mala Fide Intention: When the amendment is sought with a malicious or wrongful intention.

Failure to Amend within Prescribed Time

According to Order VI, Rule 18 of the Civil Procedure Code:

If a party obtains an order for leave to amend but fails to amend within the time specified in the
order, or if no specific time is provided, within fourteen days from the date of the order, they will
not be allowed to amend after this prescribed time unless the court extends the time.

In other words, if a party does not act promptly to make the amendments within the specified or
default timeframe, they may lose the opportunity to amend their pleadings unless the court
decides to grant an extension. This rule helps ensure the orderly progression of legal
proceedings.