Friday, September 10, 2021

CPC Amendment in Pleading (Order 6 Rule 17)

 Amendment in Pleading (O6 R17)

Rule 17 - Any Party - Court--- Permit ---- Amendment

Provided : - After commencement of trial shall not allowed. Unless the court deems fit  that in spite of due diligence, the party could not have raised the matter before the commencement of Trial. 

Rule 18 -  where party fails to amend as per directed by the order or where not directed then with in 14 days, the shall not be permitted to amend. 


Object of Amendment :- 

                                        Daleep Kaur Vs. Major Singh

  1.      Interest of Justice
  2.       Which is necessary for determination of fact in issue between the party.
  3.       To Avoid Multiplicity of suit.
  4.      Such amendment must not affect adversely to other party 

Compulsory Amendment given in Order 6 Rule 16
Voluntary Amendment Given in Order 6 Rule 17

Striking out of pleadings R-16 ( Compulsory Amendment ) 

  •  At any Stage
  •  It may be unnecessary, scandalous, frivolous or vexatious, or 
  •  It tend to prejudice , embrrass or delay the fair trial of the suit, or 
  •  it would be the abuse of the process of the Court. 


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