Reply To: Pleading

Checkout Forums Civil Law Discourse Pleading Reply To: Pleading

#112121
Tina DU
Guest

Code of Civil Procedure, 1908—Order VI Rules 17— Party proposing to make amendment—Application for
amendment of pleadings must clearly state what is proposed to be omitted, altered, substituted or added
to the original pleadings—Amendment cannot be allowed if it tantamount to changing the whole plaint
with a new plaint—Complete replacement of old plaint with a completely new plaint is not permitted under
Order VI Rule 17.

Party moving an application for amendment of pleadings must state the portion proposed to be omitted, altered, substituted or added to original pleadings.

Supreme Court in the case of M/
s. Estralla Rubber vs. Dass Estate (Pvt.) Ltd., AIR2001 SC 3295 to
submit that every amendment of pleading is to be allowed where such
amendment is required for proper and effective adjudication of controversy
between the parties and to avoid multiplicity of judicial proceedings subject
to certain conditions such as allowing amendment should not result in
injustice to the other side, a clear admission should not be allowed to be
withdrawn and a time barred claim cannot be allowed to be raised.

Gurdial Singh vs. Raj Kumar Aneja, (2002)2 SCC 445. In para 13, the Hon’ble Supreme Court held as follows:-

  1. …. Unless and until the court is told how and in what
    manner the pleading originally submitted to the court is proposed
    to be altered or amended, the court cannot effectively exercise
    its power to permit amendment. An amendment may involve
    withdrawal of an admission previously made, may attempt to
    introduce a plea or claim barred by limitation, or, may be so
    devised as to deprive the opposite party of a valuable right accrued
    to him by lapse of time and so on. It is, therefore, necessary for
    an amendment applicant to set out specifically in his application,
    seeking leave of the court for amendment in the pleading, as to
    what is proposed to be omitted from or altered or substituted in
    or added to the original pleading.

The Hon’ble Supreme Court in the said judgment also took into account an amendment which is applicable in the State of Punjab and Haryana and the Union Territory of Chandigarh where Order 6 Rule 17
sub-clause 2 has been added which reads as follows:-

“17.(2) Every application for amendments shall be in writing and
shall state the specific amendments which are sought to be made
indicating the words or paragraphs to be added, omitted or
substituted in the original pleading.”

Order 6 Rule 17 CPC provides as follows:-

“17. Amendment of pleadings.-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, and all such
amendments shall be made as may be necessary for the purpose
of determining the real questions in controversy between the
parties:”

The meaning of ‘alter’ in the Black’s Law Dictionary, Sixth Edition-1996 by Henry Campbell reads as follows:-

“Alter: To make a change in; to modify; to vary some degree;
to change some of the elements or ingredients or details without
substituting an entirely new thing or destroying the identity of
the thing affected. To change partially. To change in one or
more respects, but without destruction of existence or identity
of the thing changed; to increase or diminish.”

The meaning of ‘amend’ in the Black’s Law Dictionary, Sixth Edition-1996 by Henry Campbell reads as follows:“ Amend. To improve. To change for the better by removing defects or faults. To change,
correct, revise.