Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An inartistic or improper drafting of relief portion in the amendment application can be a matter for decision at the appropriate stage by Court trying the suit - At any rate such inaccurately crafted prayer cannot militate against the substance inside expressed in the amendment application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Commencement of trial - Trial commences only when first witness enters the witness box and confirms the contents and signature etc. in its evidence in affidavit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Commencement of trial - No witness has yet been examined - Findings of trial Court that amendment cannot be allowed, as same was filed after commencement of trial not sustainable - Observation of trial Court that pleadings in plaint sufficient to determine the question in controversy is without any basis..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once allowed and taken on record, reengaging with the same fact by taking subsequent events of change would be futile attempt which caused unnecessary delay in litigation, same cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Putting new facts on record due to engagement/change of new counsel - Fault on the part of counsel or any other reason attributed to counsel cannot be ground for filing of amendment application and allow the same, which was filed after commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 Proviso CPC to some extent curtails absolute discretion to allow amendment at any stage - Therefore, only a formal order of allowing amendment was required, which would not have caused any prejudice to party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground for filing an application of amendment...........
