O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court
1 year, 2 months ago

O.6 R.17 CPC | Adopt Liberal Approach To Amendments Before Trial Unless It Causes Irreparable Prejudice To Opposite Party: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that courts must adopt a liberal approach and allow amendments under Order 6 Rule 17 of the Civil Procedure Code unless they cause irreparable prejudice to the other party or change the very nature of the suit. The trial court rejected the amendment application, citing Order 2 Rule 2 of the CPC, which bars subsequent suits for claims omitted from the initial suit. Emphasising that the trial court had misdirected itself in rejecting the amendment application, as it did not consider the liberal approach required before the commencement of the trial the bench observed, “Where the amendment is sought before commencement of the trial, which is the position in the present case as well, the Court is required to be liberal in its approach. The Court is required to bear in mind the fact that the opposite party would have a chance to meet the case set up by amendment, as such, where the amendment does not result in any irreparable prejudice to the opposite party or divests the opposite party of an advantage which it had secured as a result of admission by the party seeking amendment, the amendment is required to be allowed”.

Trial Court Party Amendment Cpc Opposite Party Irreparable Prejudice  liberal  case  sought  o6  unless  irreparable  party  r17  jk  amendment  order  required  application  prejudice  opposite  trial  court

History of this topic

Plea For Amendment To Partition Suit During Pendency Of Trial Cannot Be Denied On Technicalities: Andhra Pradesh High Court
1 week, 4 days ago

Plea For Amendment To Partition Suit During Pendency Of Trial Cannot Be Denied On Technicalities: Andhra Pradesh High Court

Live Law  

A single judge bench of the Andhra Pradesh High Court comprising Justice Ravi Nath Tilhari has ruled that in a partition suit, a plaintiff may not always be aware of all the ancestral properties to be partitioned. The ruling came in a case where a Civil Revision Petition was filed before the High Court challenging an order passed by the …

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court
9 months, 1 week ago

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Live Law  

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties. Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was …

[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court
11 months, 3 weeks ago

[O.6 R.17 CPC] Amendment Of Pleadings Are Intended To Promote Ends Of Justice, Not Defeat Them: J&K High Court

Live Law  

Upholding the true spirit of Order 6 Rule 17 of the Civil Procedure Code, the Jammu and Kashmir and Ladakh High Court has ruled that amendments to pleadings are meant to promote justice, not hinder it.A bench of Justice Javed Iqbal Wani has emphasised,“The object of the Rule is that the courts should try the merits of the cases that …

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court
1 year, 9 months ago

Order 6 Rule 17 CPC Aims To Advance Substantial Justice Through Amendment Of Pleadings & Not To Impede It : Jammu And Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that the actual purpose of Order 6 Rule 17 of the Code of Civil Procedure in the legal system is to advance the cause of justice rather than impede it. In a matter under Article 227 of the Constitution of India the petitioner had assailed an order passed by Sub …

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court
1 year, 11 months ago

Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court

Live Law  

The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's. Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a …

[O VI R 17 CPC] Merely Because Proposed Amendments Relate To Same Property, Doesn't Imply That Party Can Change Nature Of Suit: Bombay High Court
2 years, 3 months ago

[O VI R 17 CPC] Merely Because Proposed Amendments Relate To Same Property, Doesn't Imply That Party Can Change Nature Of Suit: Bombay High Court

Live Law  

The Bombay High Court recently reiterated that an amendment that completely changes the nature of the suit cannot be permitted. "Despite arriving at a finding that plaintiffs were introducing an altogether new case by amending the plaint, the trial Court has still proceeded to allow the application for amendment on the ground that since the amendment is also in respect …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 7 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court
3 years, 3 months ago

Order XII Rule 6 CPC| Application For Judgment On Admissions May Be Filed At Any Stage Of Suit: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure at any stage of the suit where admissions of facts have been made either in the pleadings or otherwise. Mudagal quashed the order of the Trial Court, by which it had rejected the application made by petitioners under …

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court
3 years, 8 months ago

Court Cannot Grant Liberty To Amend Plaint While Rejecting It Under Order VII Rule 11(d) CPC: Supreme Court

Live Law  

The Supreme Court held that while rejecting a plaint under Order 7 Rule 11 of Code of Civil Procedure, the Court cannot grant liberty to the plaintiff to amend the plaint.The proviso to Rule 11 covers the cases falling within the ambit of clauses and and has no application to a rejection of a plaint under Order 7 Rule 11, …

Discover Related