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#112100
Tina DU
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Whether it is permissible for the Defendant to move an application for amendment of
Written Statement after framing of issues and prior to evidence being led.

As per the proviso to Order VI Rule 17 CPC no application
for the amendment shall be allowed after the trial has
commenced unless the Court comes to the conclusion that
inspite of due diligence the party could not have raised the
matter before the commencement of the trial. The issue as
to when the trial commences is no longer res integra. The
Hon’ble Supreme Court in Baldev Singh and others vs.
Manohar Singh and another, 2006 (6) SCC 498 held:
“17. Before we part with this order, we may also notice
that proviso to Order 6 Rule 17 of the Code of Civil
Procedure provides that amendment of pleadings
shall not be allowed when the trial of the Suit has
already commenced. For this reason, we have
examined the records and find that, in fact, the trial
has not yet commenced. It appears from the records
that the parties have yet to file their documentary evidence in the Suit. From the record, it also appears
that the Suit was not on the verge of conclusion as
found by the High Court and the Trial Court. That
apart, commencement of trial as used in proviso to
Order 6 Rule 17 in the Code of Civil Procedure must
be understood in the limited sense as meaning the
final hearing of the suit, examination of witnesses,
filing of documents and addressing of arguments. As
noted hereinafter, parties are yet to file their
documents, we do not find any reason to reject the
application for amendment of the written statement in
view of proviso to Order 6 Rule 17 of the Code of Civil
Procedure which confers wide power and unfettered
discretion to the Court to allow an amendment of the
written statement at any stage of the proceedings.

CASES REFERRED :

  1. Rajesh Sharma vs. Krishan Pal and Another, 2011 (126) DRJ 34.
  2. Ajendraprasadji N. Pande and Another vs. Swami
    Keshavprakeshdasji N. and Others, (2007) 1 JT 579.
  3. Link Engineering (P) Ltd. vs. Asea Brown Boveri Ltd. & Others., 140 (2007) DLT 53.
  4. Andhra Bank vs. ABN Amro Bank N.V. and others AIR 2007 SC 2511.
  5. Baldev Singh & Others vs. Manohar Singh & Another, (2006) 3 SCC 498.
  6. Smt. Neelam Gupta vs. Smt. Sheela Devi and others, 87 (2000) DLT 368