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saurav (private practice)     30 July 2009

amendment of written statement

 whether amendment of written statement can be allowed after commencement of trial


 8 Replies

Anish goyal (Advocate)     30 July 2009

O VI R.17 uses the word 'at any stage'. Therefore a WS can be amended after commencement of trial also. But it depends upon the discretion of the court


If explainable reasons are there, then the judge may accept the amendment.  Other-wise, once the issues are framed, generally amendment is not permissible because courts feel that as either delaying tactics or attempt to set up a new case.  If after filing of the w.s., new facts come within the knowledge of the defendant, which are material to decide the case, the amendment may be allowed.

Vishwa Bhushan Arya (Service)     30 July 2009

After the amendment in CPC in 2002, the proviso says not after the trial has begun. 

V.V.RAMDAS (Advocate)     31 July 2009


The language of the Order 6 Rule 17 CPC is very clear that even after commencement of trial it can be amended  and the exact language is -" unless the Court comes to the conclusinon that in spite of the due diligence, the party could not hve raised the matter before the commencement of trial."So the party /advocate has to convince the court  to apply his discration to amend the pleadings. More over another Section isthere in the CPC (153) which is  specialy meant for amendment.. one can use the help of the section 153 cpc.

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 July 2009

 If the court feels the amendment is needed to prove the case or makes the defendant to defend his case, then the court can at any time order for amendment on any such application. Commencement of trial wont be a hindrance on that aspect

Y V Vishweshwar Rao (Advocate )     01 August 2009

i agree with Mr Prabahker and M r Ramdas and  further add that by amendment of the  W S , there should not  be any  contrary plea to original Pleadings   and it should not be undue disadvantage  to the plaintfif and the Court will consider these aspects while cosnideing  the petitions for amedment !

Deekshitulu.V.S.R (B.Sc, B.L)     02 August 2009

My feeling is that generaly amendments have to be allowed, since there is a provision, unless the court feels that the same is intended to delay the process of trial. But in case of amendments which will take away the valuable right accured to an opposite party to the suit. In all cases the court has to move with all deligence and scrutinise the relevancey of the proposed amendment.

aruntrivedi (lawyer)     02 August 2009

under O VI R.17 cpc it can be amended and also you can submit further arguments.

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