Amendment of Pleadings

There are different occasions that gives raise to amendment of pleadings, and are as follows

S.152 CPC : Amendment of clerical error or arithmetic mistakes in judgments orders or decrees.

S.153 CPC : Amendment of proceedings in a suit, by the Court, whether suomoto or on application of the parties, for the purpose of determining the real issues between the parties.

S.153 A: Amendment of clerical error or arithmetic mistakes in judgments of Appeal Suit.

Order 1 Rule 10 Sub Rule 2 CPC: Adding or striking out parties

Order 6 Rule 16 CPC: (Compulsory Amendment)

Order 6 Rule 17 CPC: (Voluntary Amendment)

Compulsory Amendment O6 R 16

          Court may at any stage of the proceedings order to strike out or amend, any matter in any pleading, which :-

          - may be unnecessary or vexatious or scandalous or frivolous in nature.

          - may tend to embarrass or prejudice or delay fair trail.

          - is abuse of process of Court.

Voluntary  Amendment O6 R 16 

          Court may at any stage of the pleadings allow either party to alter or amend their pleadings in such a manner and in such terms as may be just.

          All such amendments are to be made to determine the real issues between the parties.

          No application for amendment will be allowed after the trail has commenced, unless, Court comes to conclusion that, inspite of due diligence, the party couldn’t have raised the issue before the commencement of the trail.

0.6 R.18 Failure to amend after order:  If the party fails to amend after obtaining court grant, within the time limit specified in the order ( or 15 days), he will not be allowed to amend it after the expiration of the said period, unless Court grants leave to do so.

Guidelines for Amending Pleadings

(1)  Applicant must set out specifically in his application details of proposed amendment.

(2) Applicant must also state the reasons for seeking to amend his pleadings; specially explaining the delay, so that the opposition is not taken by surprise.

(3) Generally amendment is allowed, unless its shown that such amendment would result in prejudice to the opposing party.

(4) Party seeking to amend the plaint shouldn’t act with malafide intentions.

(5) Appellate Court may permit amendment at appellate stage to enable party to raise a new plea.

Case Laws:

 Gurudial Singh V Raj Kumar 

          Held, an amendment may be so devised as to deprive the opposite party a valuable right accrued to him, by lapse of time etc., and that thus it is necessary for the appellant to set out in his application, specifically what he seeks to amend in his own pleadings.

Haridas V Godrej Rustom:

          

               Held, Court should be extremely liberal in granting prayer of amendment of pleadings, unless serious injustice or irreparable loss is caused to the other side.

Suraj Parkash Bhasin V Raja Rani Bhasin 1981:

          The following observations were made by Supreme Court,

(A) Prayer for amendment can be allowed when there would not be total transformation of nature of suit.

(B) Prayer for amendment can be allowed if such amendment would avoid multiplicity of suits.

(C)  Amendment is sought at a later stage, the Court while the same, should order heavy costs.

Ishwar Das V State of Madya Pradesh 1979

                   Supreme Court held, there is no prohibition against Appellate Court permitting an amendment at appellate stage merely because the necessary material is not already before the Court.

Amendment of Pleadings Can Be Refused:

(1)  If defendant seeks to substitute a new case by way of amendment.

(2) Amendment is not to decide the real question of controversy between the parties but only technical in nature.

(3) If effect of amendment would be take away a legal right acquired by bar of limitation.

(4) Amendment introduces a wholly inconsistent or new case and application is made at a very later stage in the suit.

(5) Application is not made in good faith.

Case laws

Radhika Devi V Bajrangi Singh

          Held, where a party acquires a right by bar of limitation, and the same is sought to be taken away by way of amendment of pleadings, such amendment will be refused to be granted by the Court.

Modi Weaving Mills V Ladha Ram 1977

          Held, that the defendants by means of amendment cannot substitute a new case and completely change the case made in the written statement.