Trial commence

amol (Querist) 08 May 2021 This query is : Resolved
Dear Expert
I need your help.
My query is regarding during amendment of plaint the situation as below:

The partition suit and temp injunction on Exh 5 is filed while filling the suit.
Defendant appeared in case. After hearing both parties Exh.5 temporary injunction order is passed now after
1 year and our case put for framing the issues, still honr. judge not framed issues.

Now we want to do amendment in our partition suit plaint that one para want to add and one prayer want to add at last page of prayer section. Also property number in PR card want to add in our existing first para of property description and one date is wrong due to typing mistake that we want to correct.

When we see for amendment that CPC O.6 R17 in which second para it is mentioned "provided that no application for amendment shall be allowed after trial has commenced"

My query is for the word "trial has commenced" :
Q.1: Did trial has commenced after temporary injunction order is passed?
Q.2: When the trail is commenced in our case temporary injunction order OR after honr. judge framed the issue OR after examination-in-chief?
Q.3: what is the meaning of trial commenced and what is the time that start trial has commenced?
Q.4: What are the points necessary to mention in amendment application so that honr. judge will allow or accept our amendment?

Thanks for your kind help and support.

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Quick Summary

This discussion clarifies when a civil trial is considered to have commenced, particularly in relation to amending a plaint. Experts agree that a trial does not begin with a temporary injunction order. Instead, it typically commences after the court frames the issues and the plaintiff submits their examination-in-chief affidavit. Amendments to pleadings are generally allowed to determine the real controversy between parties, provided the trial has not yet started.

Advocate Bhartesh goyal (Expert) 08 May 2021
Trial of civil suit commence from the date when plaintiff submit affidavit of examination of chief in liew of evidence.it happens after framing of issues.it has no connection with disposal of temporary injunction petition.Amendment in pleadings may be allowed to determine the real controversy between parties .

Message likes : 1 times

Dr J C Vashista (Expert) 09 May 2021
Very well advised by expert Mr. Bhartesh Goyal, I agree.
Trail is yet to commence in your case, as pleadings are stated to have been complete by now.

ashok kumar singh (Expert) 09 May 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks
ashok kumar singh, advocate

Hemant Agarwal (Expert) 09 May 2021
AGREE with above Experts.

Keep Smiling .... Hemant Agarwal

T. Kalaiselvan, Advocate (Expert) 10 May 2021
1. No, the trial will commence after the issues are framed by the court.
2. The temporary injunction order was passed on the interlocutory application filed by the plaintiff.
The trial will begin after the court frames the issues for trial of the case before it.
3. When the trial has not commenced at all where is the question of what time it started and other related questions.
4. You may plead the reasons and attach the documentary evidences in support of your petition seeking to amend the plaint.

amol (Querist) 16 May 2021
Thank you very much Sir, for your helpful reply

T. Kalaiselvan, Advocate (Expert) 21 May 2021
You are welcome for your appreciations.

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