In civil litigation, accuracy and completeness of pleadings are vital to the fair administration of justice. However, due to oversight or changing circumstances, parties may need to amend their pleadings. The Amendment of Pleadings allows parties to alter, modify, add, or delete any part of their original pleadings to better present their case.
This provision is governed by the Code of Civil Procedure, 1908, and is essential for ensuring that justice is delivered based on the real issues in dispute.
What are Pleadings?
In legal terms, pleadings are the formal written statements submitted by parties in a lawsuit. These include:
- Plaint – The statement of claim by the plaintiff.
- Written Statement – The defense or reply by the defendant.
Legal Provision: Order VI Rule 17 of the CPC, 1908
The Amendment of Pleadings is specifically governed by:
Order VI Rule 17, Code of Civil Procedure (CPC), 1908
“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…”
Proviso (added via 2002 Amendment)
No application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that:
- (a) In spite of due diligence, the party could not raise the matter before the commencement of trial.
Object and Purpose of Amendment of Pleadings
- To correct errors or defects in the original pleadings.
- To bring forward new facts or legal grounds that arose later.
- To ensure that the real issues between the parties are adjudicated.
- To avoid multiplicity of proceedings.
Key Conditions for Allowing Amendment
- Pleading must be bona fide.
- No prejudice or injustice should be caused to the other party.
- Amendment must not introduce a completely new cause of action.
- Should be necessary for determining the real questions in controversy.
Stages at Which Amendment Can Be Sought
- Before commencement of trial – Amendments are usually allowed liberally.
- After commencement of trial – Strict scrutiny is applied. Must prove due diligence.
Discretion of the Court
Granting or refusing an amendment is within the discretionary powers of the court, which must be exercised:
- Judicially, not arbitrarily,
- In the interest of justice,
- Considering delay, prejudice, and necessity.
Landmark Judgments on Amendment of Pleadings
1. Rajkumar Gurawara v. S.K. Sarwagi & Co. Pvt. Ltd. (2008) – SC
- The Supreme Court held that courts should allow amendments if they are necessary to determine the real issue in dispute.
2. Revajeetu Builders v. Narayanaswamy (2009) – SC
- Laid down guidelines for courts to consider while dealing with amendment applications:
- Whether the amendment is necessary,
- Whether it introduces a new cause of action,
- Prejudice to the other party,
- Delay in filing,
- Compensatory costs.
3. Baldev Singh v. Manohar Singh (2006) – SC
- Held that amendments should not be denied merely due to procedural rigidity.
When Amendment is Not Allowed
- When it introduces a new and inconsistent case.
- If it causes injustice or prejudice to the other side.
- When made with malafide intention to delay or derail the process.
- When the cause of action is entirely changed.
Effect of Amendment
- Once allowed, the amended pleadings replace the original pleadings.
- Other party is generally allowed time to file a reply to the amended pleadings.
- May change the scope of trial or issues framed.
