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Arpit   08 August 2023

Order vi rule 17

An amendment order has been passed against us under order VI rule 17, What recourse do we have as a defendant ( Appeal or Revision )



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 6 Replies

YASHVI MEHTA   08 August 2023

A pleading is the written form of a statement drwn up by both parties in a suit, the statements in writing include the various contentions and other details the opponents need to know to prepare his/her case in a trial. Pleading serves the purpose of bringing the paprties at a definite consensus regarding the issues and the contentions of both the parties so thata there are no surprises in court and saves time as they are aware oof each others  contentions. Pleading not only defines the issues between the parties but also helps in determining which of the parties has the burden of proof.The sole purpose of it is to make each party fully aware of the issues that will be argued so that each party can present appropriate evidence for them.

Sometimes, it becomes necessary for the parties to make changes ti their pleadings, this iis when Order VI, Rule 17 comes into the picture . This process refers to the concept of amending the pleading .

Order VI Rule 17 of the CPC grants permission to the parties to the case to amend their pleadings at any stage of the proceedings. 

The proviso under this rule says that after the trial has commenced, an application for amendment shall not be allowed. However, it might be allowed if the court thinks that, in spite of due diligence, it was not possible for the party to raise the matter before the trial commenced.

Advocate Bhartesh goyal (advocate)     08 August 2023

You may prefer w.p u/Art 227 of Constitution Law before H.C. against order.

T. Kalaiselvan, Advocate (Advocate)     08 August 2023

Have you filed the objections to the petition seeking to amend the plaint?

If so, whether the court has ignored your objections and allowed the amendment petition?

If you are aggrieved over the orders passed against your interest, you can prefer a revision petition under section 115 CPC before high court seeking to set aside the orders passed against your interests for the reasons you rely upon.

 

Dr. J C Vashista (Advocate )     09 August 2023

Are you sure about passing of order on the application u/o VI Rule 17 CPC in an appeal / revision ?

No, it cannot be so.

The connotation "defedant" is restricted to original suit but can not apply in an appeal or revision.

Prima facie  it is a hypothetical post.

Real Soul.... (LEGAL)     09 August 2023

you have to show why you are aggrieved of amendment and the grounds should be very strong for challenging the amendment as courts can allow amendment at particular stages to get the matter disposed off justly

N.K.Assumi (Advocate)     11 August 2023

The question is whether the amendment is against your rights in the exisrting facts of your case. If not, there is nothing wrong to amend your pleading as ordered by the court.


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