Is Amendment allowed at Evidence stage?

Sudhin2218 (Querist) 29 September 2010 This query is : Resolved
We've a joint property it was in the name of my grandmother (father's mother) and my father,after my father passed away in 1991, my mother became joint owner with my grandmother, In 2004 my grandmother (my grand mother was not in possession) sold the half of the joint property to stranger (not belongs my Hindu family) , there was no partition deed made between my mother and grand mother,
so we filed the suit for an injunction and Sr division court granted injunction in favor of us, stranger filed suite for partition on 2006, our previous advocate mingled with stranger advocate, he filed wrong written statement at earlier stage, now the case is in evidence stage(only plaintiff evidence is over,defendants that means our evidence is not started yet)

and we came to know there is a provision in "Section 4(1) in The Partition Act, 1893
Where a share of a dwelling- house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf."

So we are planning to hire a new advocate and to file an amendment to request a honb'le Court that we are ready to buy the share of such transferee.

My question : Is Amendment allowed at this stage (Evidence Stage)? If so, please let me know what act?
Thanks in advance.

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s.subramanian (Expert) 29 September 2010
Yes. It can be done with the leave of the court under Order 6 Rule 17 of CPC.

Kirti Kar Tripathi (Expert) 29 September 2010
yes, amendment in pleadings can be allowed by the court at any tine under Order 6 Rle 17 of C.P.C unless it enlarges the scope of pleading already filed.