Legal Question in Civil Litigation in India
Civil procedure law
What is the lates view of Apex Court regarding permissibility of amendment of pleading after commencement of hearing in view of proviso appended to order VI Rule17 cpc in it's latest amendment?
4 Answers from Attorneys
Re: Civil procedure law
Depending on the circumstance,Ammendment can be made at any stage with the permission of court.
Re: Civil procedure law
In Bharat Petroleum Corporation Ltd vs Precious Finance Investment Pvt Ltd Hon'ble Justice Mr D.B.Bhosale said that Applicant seeking amendment should offer sufficient and proper explanation mentioning the particular circumstances against which an amendment was sought to enable the court to reach the conclusion that in spite of due diligence the applicant could not have raised the matter before the commencement of trial. Commencement of trial as mentioned in proviso to order 6 of rule 17 of civil procedure code must be understood in a limited sense as meaning the final hearing of the suit, examination of witnesses,filing and addressing of documents.
The proviso is directory and not mandatory and empowers the court to reject the application if it comes to the conclusion that in spite of due diligence the party could not have sought the amendment before commencement of trial. the proviso is procedural and not a part of substantive law. the object is to expedite the hearing and not to scuttle the same.....
Re: Civil procedure law
under civil procedure code of 1908, amendment can be done unless untill the stage memorandum of issue have not commenced, provided if such is the case in the suit manner, then you have to be file recast application
form suggesting the court of law, that for what it should be amended ? And is essenstitial under the priciple's of natural justice, fair play of the constitution of India. Ty, regards,
Advocate, Sanjay K. Dixit.
Re: Civil procedure law
Please contact personally.
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