written statement

Querist : Anonymous (Querist) 14 February 2010 This query is : Resolved
citation for ammendment of w.s. is needed

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A V Vishal (Expert) 15 February 2010
[17. Amendment of pleadings.-

The Court may at any stage of the proceedings allow either party o 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 question in controversy between the parties.

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

1. Rules 17and 18 which were omitted by Act No. 46 of 1999, section 16.

2. Subs. by Act 22 of 2002, sec. 7 for rules 17 and 18 [as they stood immediately before their omission by clause (iii) of section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-2000).

Parveen Kr. Aggarwal (Expert) 15 February 2010
Dondapati Narayana Reddy vs. Duggireddy Venkatanarayana Reddy [(2001) 8 SCC 115]

Prem Bakshi and others vs. Dharam Dev and others [(2002) 2 SCC 2]

Rajesh Kumar Aggarwal vs. K.K. Modi [(2006) 4 SCC 385]

Andhra Bank vs. ABN Amro Bank N.V. [(2007) 6 SCC 167]

Adinath@Avinash Patil (Expert) 15 February 2010
ORDER 6 RULE 17 OF CODE OF CIVIL PROCEDURE IS VERY CLEAR.

Raj Kumar Makkad (Expert) 15 February 2010
2008 AIR (SC) 1960

Guest (Expert) 15 February 2010
law is very clear. citations not above law.

although my learned experts friends show you good citations. read them all.

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