Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE BIPIN CHANDER NEGI
Rubby Devi – Appellant
Versus
Bala Devi – Respondent
JUDGMENT :
Bipin Chander Negi, J.
By way of the present petition, a challenge has been laid to impugned order dated 12.5. 2023 (Annexure P-1) whereby an application filed under Order 6 Rule 17 CPC on behalf of the present petitioner/defendant No.3 has been rejected by the trial Court.
2. Heard counsel for the parties Perused the pleadings and documents appended with the petition.
3. The application filed seeking amendment in the written statement by the petitioner/defendant No.3 had been filed at the stage, when the matter was fixed for arguments.
4. The entire object of the amendment to Order 6 Rule 17 as introduced in 2002 is to stall filing of application for amending a pleading subsequent to the commencement to trial, to avoid surprises and that the parties had sufficient knowledge of other’s case. It also helps checking the delays in filing the applications.
5. Amendment cannot be claimed as a matter of right. The proviso to Order 6 Rule 17 virtually prevents an application for amendment of pleadings from being allowed after the trial has commenced. After the commencement of trial, an application for amendment can only be allowed once the Court comes to the conclusion that inspite o
Amendments to pleadings after trial commencement require due diligence and are not a matter of right; the High Court's supervisory jurisdiction is limited to correcting grave errors.
[The court established that amendments to pleadings can be allowed even after the commencement of trial under Order 6 Rule 17 of the CPC, provided the party demonstrates due diligence and the nature ....
The right to file a written statement can be struck off if a party fails to do so despite multiple opportunities, emphasizing the importance of timely justice.
Civil Suit - Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of ....
Amendments to pleadings under CPC require showing due diligence and must be justified; failure to do so results in dismissal of such applications.
The proviso to Order 6 Rule 17 CPC restricts the amendment of pleadings after the trial has commenced, unless due diligence is proven, and the proposed amendment is necessary to decide the real dispu....
The court ruled that a liberal approach should be taken towards permitting amendments in pleadings, especially when crucial facts are omitted, and delay alone does not justify rejection if trial has ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
