Amendment of partition suit petition

Querist : Anonymous (Querist) 23 November 2010 This query is : Resolved
Please give authorities for amending a civil partition suit petition before trial.

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AEJAZ AHMED (Expert) 23 November 2010
Civil Procedure Code 1908

ORDER VI - PLEADINGS GENERALLY

Rule 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 he 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:
"Provided that no application for 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 trial."
Citations:

(i) B.N. Kamalanabha Reddy vs Munivenkatappa And Ors. on 15 September, 2005
Equivalent citations: ILR 2006 KAR 222
(ii) C.D. Varadarajan vs S. Mohan on 3 February, 2009, High Court of Madras