o 6 r 17

Querist : Anonymous (Querist) 18 January 2011 This query is : Resolved
whether o 6 rule 17 is applicable after the evidence is closed.

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Adv. Satyendra kumar chauhan (Expert) 18 January 2011
amendment can be bring at any stage even at the execution stage.

Parveen Kr. Aggarwal (Expert) 18 January 2011
Although an application for amendment of pleadings can be allowed at any stage of the proceedings of a suit yet after the Amendment Act of 2002, no application for amendment can be allowed after the commencement of the trial unless the Court comes to the conclusion that in spite of due diligence the party could not have raised the matter before the commencement of trial.

G. ARAVINTHAN (Expert) 18 January 2011
Yes can be permitted if necessary to decide the suit

Devajyoti Barman (Expert) 19 January 2011
After the coming into the effect of the Amendment Act 2002 of CPC the amendment of plaint after the hearin of the case is not permssible if the facts sought to be amended was within the knowledge of the party concerned.

Amit Minocha (Expert) 19 January 2011
Agree with Mr Aggarwal

Kirti Kar Tripathi (Expert) 19 January 2011
Order VI Rule 17 of C.P.C Runs as under:-
"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 may be just, and all such amendments shall
be made as may be necessary for the purpose of de ermining 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 in
spite of due diligence, the party could not have raised the matter
before the commencement of trial.
I think, it will clarify the query.

Y V Vishweshwar Rao (Expert) 19 January 2011
I agree with lrd friends !
The Petition for amendment can be filed at any stage and it depends on the facts of each , and Court will consider the merits/necessity /otherwise/justification of the petition for amendment !

Sushil Kumar Bhatia (Expert) 19 January 2011
Dear,
See the citations..Allhabad Law Reporter 2006(64)(Supreme court)Page 895 Baldev singh V/s Manohar lal...and
ALR 2007(68)page 166(Supreme Court)Usha Balasaheb V/s Kiran Appaso Swami & others

These citations will assist you

Adv.Shine Thomas (Expert) 20 January 2011
The object of the above rule is to prevent frivolous application which are filed to delay the trial.

Y V Vishweshwar Rao (Expert) 21 January 2011
Any amendment of Pleadings only to Drag the proceedings is not permitted ! The reasons for amendment will be consider on merits of the petition- for amendment of pleadings- at any stage !!!!