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Free Case Law On Amendment of Pleadings (Order 6 Rule 17)

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Adv. Md. Shahnewaz Zwaki

Why Order 6 is So Important for a Civil Lawyer?

Rule 17 of order 6 is very important. It governs how to amendment of pleadings. Order 6 of the Code of Civil Procedure 1908 gives all necessary pieces of information needed in any kind of pleading. The title tag for this order is “PLEADINGS GENERALLY”. The order is very vital for every civil law practitioners. A good Lawyer how to write better pleadings. The Oder 6 of The Civil Procedure Code 1908 can govern an advocate on how to write pleadings and which information must include in and which should not. I believe A Lawyer who wants to master writing pleadings should have to mater in order 6.

Are You following the footprint of your senior? It is very good for a certain period of time. In the long run, you should read Order 6 of the CPC. In this order rule, 3 will guide you on how pleadings should be! The rule will guide you to look in Appendix A of the Code of Civil Procedure 1908. Appendix A is full of all kinds of forms for pleadings writing. When you start to follow those forms you will become the master of the pleadings.

Most Important Features of Order 6: (Widely use Rule 17)

  • Particulars to be given where it is necessary for the pleadings.
  • Denial of a contract must be included.
  • About any documents narrated in pleadings must have the effects briefly as possible.
  • No presumption of Law in pleadings.
  • Every pleading must have to verify at foot of the pleading by the party or one of the parties.
  • The Court may Strike out pleading for unnecessary, scandalous, prejudice, or embarrass.
  • Pleadings can be amended at any stage of the proceedings.

Amendment of Pleadings Is an Art And Also A Science:

Amendment of Pleadings is governed by Order 6 Rule 17 of The CPC. If you want to win a case then mast have a good plaint or written statement. If you engage in the case after filing the case then you can find case law related with the case and amend the pleading according to your case law and knowledge. It will help you to win the case.

Case Winning Important factors:

Those important factors can dramatically change the result of a case. Those facts are

  • The chronology of Facts
  • How beautifully narrated facts in the pleadings.
  • Connection of the Facts
  • Relevency of Laws
  • Related Case Law

If you find any of those elements did not assign very goody and wisely then you must have to an amendment of pleadings. Enough talking. Now I am giving you some very important case law on the amendment of pleadings. Oh, one more thing, you can download PDF Law Books and Case Law fro free from this site.

I am giving you the most important case law about the amendment of pleading in this post.

  1. Conflict of Decisions:- If the plaintiff had to file separate suits challenging different alienations during the period of his insanity, it will involve proving insanity in each suit which might lead to a conflict of decisions. This least desirable. | 43 DLR(AD) 89, 7 BCR(AD) 363, 31 DLR(AD) 133, 60 DLR(AD) 42
  2. Rule 17: The proposed amendment of pleadings would settle the question of whether during the pendency of the suit the plaintiff was disposed or not. This will end all pending controversies between the parties and will not amount to change in the nature and character of the suit. | 50 DLR(AD) 86, 30 DLR(SC) 93, 45 DLR 154, 1 ADC 136, 6 MLR 263, 13 MLR(AD) 147, 11 MLR 325
  3. Rule 17: Original prayer is the plaint was for a declaration of the partition deed as null and void and fraudulent. By an amendment prayer on it sought for cancellation of the deed as being fraudulent and void. Held: Amendment prayer should be allowed as cancellation of the document is a natural sequence when it is found to be a product of fraud. Question of limitation not relevant. | 37 DLR(AD) 67, 5 BLD(AD) 253
  4. Rule 17: Amendment of pleadings may not be allowed as would alter the mater of the suit, etc. However, in certain circumstances, the court may allow an amendment in what is not generally done. | 38 DLR(AD) 115
  5. Rule 17: The proposed amendment introducing new facts and subsequent cause of action different from those made in plaint if allowed condoning the delay will change the nature and character of the suit. Amendment was therefore rightly refused. | 48 DLR(AD) 120
  6. Rule 17: Avoid Multiplicity of Suits: Amendment of pleadings (plaint) to avoid multiplicity of suits and to shorten litigation and for end of justice. | 1 BLD(HCD) 25, AIR 1955(Hyd) 1, AIR 1954(SC) 75, 6 MLR(HCD) 345, 12 MLR(HCD) 41, 2 ALR 453
  7. Rule 17: The principle is that the nature and character of the suit do not change so long as the fundamental character of the suit remains the same. A suit for declaration of title, recovery of possession, and/or for partition is essentially based on a common claim of the plaintiff which may call for aforesaid different relief of reliefs in different situations. | 2 ADC 30, 3 ALR(AD) 5, 6 ALR(AD) 166
  8. Rule 17: The prayer for amendment of plaint for partition as an alternative prayer must be allowable in a suit for declaration of title and khass possession by evicting the defendants or removing an obstruction. | 1 XP(AD) 158
  9. Rule 17: The amendment of pleadings under this rule of C.P.C. can be allowed by incorporation some paragraphs which are not a subsequent event but related to an even existing about 10 years before the institution of the suit and it is not necessary to an explanation as to why such fact was omitted in the plaint at the time of filling of the suit. | 1 XP(AD) 193
  10. Rule 17: The plaint proposed amendment of pleadings (plaint) by mentioning some plot number and marking the plots by red color specification the suit rood for convenience of the court as well as both the parties which will never charge the nature and character of the suit. | 2 XP 185
  11. Rule 17: If the prayer for amendment was allowed, the said amendment related back to the date of the institution of the suit. | 4 XP(AD) 211, 48 DLR 531, 60 DLR 652
  12. Rule-17: With Sec-151 of C.P.C.: When a court has passed an order under this rule read with Sec-151 of C.P.C, any person aggrieved by that order may prefer a revisional application …… …. … .. . | 4 ALR(AD) 57
  13. Rule 17: Proposed amendment of pleadings (plaint) concerning insertion of some land as a schedule to the plaint …. ….. … … the amendment allowed by HCD. | 6 ALR 103
  14. Rule 17: In Appellate Stage: The amendment application under this rule allowed in the appellate stage and the defendant are allowed to file additional W/S. | 6 ALR 167
  15. Rule 17: The plaintiff has sought to add some new facts which are not contradictory to the earlier foundation of the suit and addition of two or more reliefs, one for specific performance of the contract and the other for possession has not changed the nature and character of the suit. | 5 ALR(AD) 94, 8 BLD(HCD) 524, 15 DLR(SC) 520, 29 DLR(AD) 311, PLD 1953(SC) 191, 11 BLD(HCD) 33
  16. Rule 17: The plaintiff is not entitled to get the plaint amended seeking for a decree for specific performance of contract converting the suit of one character into the suit of another character and to substitute one distinct cause of action depriving the right of another party acquire by other laps of time when the specified limitation is three years from the date of refusal. | 8 BLC 81
  17. Rule 17: In a pending civil revision …. amendment of the prayer portion of the plaint, and prayer for confirmation of possession as well as permanent injunction …… … There is no legal bar to allow such an amendment of pleadings. … . . . …… | 8 BLC 414
  18. Rule 17: Amendment of pleadings (plaint) regarding violation of the suit will not change the nature and character of the suit. | 9 BLC 416
  19. Rule-14 and Rule-17: Defect or irregularity in the matter of signing the plaint and verification to the plaint can be cured by amendment of pleadings (the plaint). | 48 DLR 531
  20. Rule 17: In the appellate court parties filed a solenama on the basis of which the suit was remitted to the trial court for the said purpose– The plaintiff could not be permitted to open the new issue (by amendment) for decision in the suit after having already entered into compromise admitting the claim of the appellant. | 50 DLR(AD) 148
  21. Rule 17: Court can take into account subsequent event necessity amendment by addition of new relief that may be allowed to do complete justice. | 47 DLR 235
  22. Rule 17: Mere delay in filing the application for amendment of the plaint cannot be ground to hold that the application for amendment of pleadings is malafide and the application is not entitled to the relief prayed for. | 48 DLR 372
  23. Rule 17: Law does not impose any bar on the defendant to claim many roots to his title as he wants and they may even be conflicting to each other cannot be ground for rejecting an application for amendment. | 49 DLR 315
  24. Rule-17: The trial court is allowing amendment of pleadings (written statement) must see that such amendment is necessary for the purpose of determining the real question in controversy between the parties as asserted in there respective pleading and not for purpose of determining facts which are introduced by making a total change of the nature and charter of the original written statement. | 57 DLR 51
  25. Rule-17: If the material fact is not pleaded, evidence or submission on it cannot be allowed. | 58 DLR 329
  26. Rule-17: In a Suit for Partition is a prayer for declaration of the title is added that can under no stretch of imagination change the nature and character of the suit. | 58 DLR 240
  27. Rule 17: The plaintiff wants to change the language of the prayer 3(Ka) of the plaint for proper adjudication of the suit. The proposed amendment was extraordinary and elucidative of facts already asserted in the plaint. | 58 DLR 370
  28. Rule 17: The proposed amendment of pleadings (written statement) and the averments of the additional written statement give completely a new story contrary to the earlier written statement. …. …. … … . | 59 DLR 43, 9 BLD(HCD) 380, 26 DLR 205, AIR 1953(Cal) 15
  29. Rule 17: Earlier amendment rejected .. … … .. . the court can exercise its discretion in respect of allowing subsequent application… … … by allowing later application court did not commit any error of law. | 63 DLR 141
  30. Rule 17: With Sec-153 of C.P.C.: Partition Suit: Where a party has admitted certain facts, he cannot subsequently be allowed to disown that admission by any way of amendment and if such prayer is allowed it will, instead of promoting ends of justice, defeat the end of justice. | 64 DLR(AD) 17, 70 DLR 437
  31. Rule 17: Any Stage: Amendment of pleadings may be allowed at any stage of proceedings. | 9 MLR(HCD) 11, 9 MLR(HCD) 338, 11 MLR(HCD) 241
  32. Rule 17: Belated Stage: Amendment of pleadings should not be allowed at the belated stage when sought for filling up lacuna. | 7 MLR(AD) 107, 9 MLR(HCD) 113
  33. Rule 17: Appellate Stage: Amendment of pleadings (plaint) can be made at the appellate stage provided the same is not barred by limitation. | 14 MLR(AD) 107, 10 BLD(HCD) 419, 29 DLR(SC) 31, 28 DLR 131, 13 DLR 871, 12 DLR 626
  34. Rule 17: Whether prayer for a declaration that the deed of partition is void, fraudulent, and illegal can be amended by substituting prayer for cancellation of the deed of partition…. …. … .. . | 5 BLD(AD) 253, 17 DLR 190, 29 DLR(SC) 311, 15 DLR(SC) 120
  35. Rule 17: Pre-emption: Limitation and Laps of Time: Amendment would affect the question of limitation and the right allowed to the defendant by laps of time, such amendment cannot be allowed to be made. | 5 BLD(HCD) 61, 5 BLD(HCD) 30, AIR 1960(Lah) 975, 17 DLR(SC) 111, 31 DLR(AD) 133, 6 BLD(AD) 221
  36. Rule 17: Suit for declaration of nullity of the alleged fraudulent decree and for an injunction – if the suit is maintainable the amendment of plaint for recovery of possession of the suit land from which the plaintiff was dispossessed by violent means is also maintainable. | 6 BLD(AD) 54
  37. Rule 17: It is true that the amendment of pleadings can be allowed at any stage of the proceeding, but an inordinate delay it will be inequitable to allow the prayer for amendment. | 6 BLD(AD) 201, 36 DLR(AD) 253
  38. Rule 17: Amendment for further Relief– allowed but the only condition is that plaint is that it will not take the defendant by surprise by introducing any new case or any new cause of action altogether or it will not change the character of the suit. . .. | 7 BLD(AD) 55, AIR 1967(SC) 96
  39. Rule 17: When the payment of ad-velorem court fee itself make suit maintainable — no relief is given. .. . .. | 8 BLD(HCD) 497, 20 DLR 332, 28 DLR 181
  40. Rule 17: The court has no right to direct the amendment of a plant when it has no jurisdiction over the subject matter of the plaint… … .. An amendment that involves a substantial alteration of the cause of action should not be permitted more especially when the suit was brought long after the period of limitation. | 11 BLD(HCD) 23, AIR 1967(SC) 96, AIR 1935(All) 842, AIR 1936(Pat) 535
  41. Rule 17: The power of the court under this rule is no doubt discretionary but the same must be exercised in a judicial manner. | 11 BLD(HCD) 314, 12 BLD(HCD) 231, 25 DLR 62, 3 PLR(PC) 310, 41 DLR 389
  42. Rule 17: Due to oversight at the time of filing the suit, the learned lawyer of the plaintiff made some mistakes, and as such, the plant should be amended. | 4 LM(AD) 340
  43. Rule 17: With Sec-151, 152, and 153 of C.P.C.: After final decree has been passed, then the trial court shall amend the same in terms of the judgment under section 151, 152, and 153 of the C.P.C. and change respective share as per law. | 4 XP(FR) 1

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THE CODE OF CIVIL PROCEDURE: THE FIRST SCHEDULEDownload

My View About Amendment of Pleadings (Order 6 Rule 17):

Rule 17 of order 6 is very important when a new fact arises related to the case. Reading more Case Law about amendment of pleadings will help you to which facts should be included and which one is not. Do you think the Amendment of Pleadings may help to win a case? Please inform me on the comments below.

If you need more case law or Law Books about Amendment of Pleadings (Order 6 Rule 17), please inform me on the comments below.

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