The Court has the jurisdiction to extend time for carrying out an amendment of pleadings even after the expiry of the period prescribed under Order 6 Rule 18 CPC in appropriate cases.

R. C. PATNAIK, J.

( 1 ) THE short question that falls for consideration in this revision under S. 115 of the Code of Civil Procedure at the instance of defendant No. 6 is if the trial Court had jurisdiction to extend time to enable defendant No. 6 whose application for amendment of the written statement had been allowed earlier to carry out the amendment long after the expiry of the period of fourteen days prescribed under O. 6, R. 18 of the Code.

( 2 ) BY order dated 18-12-79 defendant No. 6's prayer for amendment of written statement was granted subject to payment of cost. Cost was paid the next day. No time having been fixed for carrying out the amendment by the order, the same was to be carried out within fourteen days from the date of the order. Defendant No. 6, however, did not amend his written statement. The matter rested like that until it was discovered much later i. e. at the state of argument that the amendment had not been incorporated in the written statement of defendant No. 6. He filed an application under S. 151 of the Code of Civil Procedure on 25-4-81 for carrying out the amendment which the officer had failed to carry out. Being of the view that it was defendant No. 6 who was to carry out the amendment and not the office, the Court rejected the application.

( 3 ) MR. Sahoo, the learned counsel for the petitioner, has submitted that the Court by its order did neither direct defendant No. 6 to carry out the amendment nor did it fix any time for the purpose. In many cases the amendments are carried out by the office. As the amendment was not extensive, defendant No. 6 remained under the impression that after his prayer for amendment was allowed, the same would be effected by the office. He has urged that in the facts and circumstances, when a request was made under S. 151 of the Code for giving effect to the order, the Court in the interest of justice should not have refused the prayer.

( 4 ) MR. R. N. Sinha, the learned counsel for the opposite parties, has referred me to the provision contained in Rr. 17 and 18 of O. 6 and resisted the submission of the learned counsel for the petitioner. He has submitted that having regard to the provisions contained in R. 18 of O. 6, the party whose prayer for amendment is allowed is to carry out the amendment and if the same has not been done within the time fixed by the order or within fourteen days from the date of the order, if no time has been fixed specifically, the amendment shall not be carried out, that is to say, it shall be deemed as if the prayer for amendment had not been allowed.

( 5 ) ORDER 6, Rule 18 of the Code is as follows :"18. Failure to amend after order : If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid, or of such fourteen days, as the case may be, unless the time is extended by the Court. "the provision may be broken up into the following: (a) Where a party has obtained leave to amend under O. 6, R. 17, the party has to amend his pleadings; (b) (i) within the time limited for that purpose by the order, or (ii) within fourteen days from the date of the order if no time during which the amendment is to be carried out is specifically fixed; (c) failure to amend within the time as in clause (b) debars the party who has obtained leave to amend (d) unless time is extended by the Court, that is to say, in appropriate cases, the Court may extend the time. It is, therefore, indisputable that the amendment is to be carried out by the party and not by the Court or its office, the logic being that the pleadings are of the parties verified by them. Having obtained the leave to amend, it is his responsibility to carry out the amendment and to be sure that his pleadings are in the form and manner