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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gurdas Singh – Appellant
Versus
Gurdeep Singh – Respondent
The provided legal document does not contain a specific judgment or detailed discussion directly addressing the exact duration or limits for extending pleadings under Order 6 Rule 18 CPC. However, it emphasizes the court's broad discretion to allow amendments at any stage of the proceedings if they are necessary for determining the real issues and are made on just terms (!) (!) .
The decision underscores that amendments are generally permitted before the trial begins or at an early stage, and the court evaluates whether the amendments are justified based on principles of justice and fairness. The absence of a fixed time limit implies that the court’s discretion is the guiding principle, with a focus on the circumstances of each case rather than a specific timeframe.
Therefore, the overarching judicial approach is to allow amendments at any point in the proceedings, provided the conditions of necessity, fairness, and absence of undue delay or prejudice are satisfied.
Judgment :
Vikas Bahl, J.
This is a revision petition filed under Article 227 of the Constitution of India for setting aside order dated 14.07.2022 (Annexure P6) passed by the trial Court whereby the application filed by the petitioner-defendant under Order 6 Rule 17 CPC for amendment of the written statement has been dismissed.
ARGUMENTS ON BEHALF OF THE PETITIONER:-
2. Learned counsel for the petitioner has submitted that the respondent-plaintiff had filed a suit for possession by way of specific performance of agreement to sell dated 12.12.2017 with respect to the suit property and in the said case, the petitioner had filed written statement in which it had been stated that agreement was result of forgery, fraud, criminal breach of trust, undue influence and the petitioner had also taken the plea that the petitioner borrowed a sum of Rs.80,000/- from the plaintiff and the plaintiff had obtained blank signed stamp papers for security purposes and the entire money was paid back. It is submitted that thereafter on 26.11.2021, an application under Order 6 Rule 17 CPC read with Section 151 CPC was filed for amendment of the written statement and the petitioner also wanted to take the ple
Established limits for amending pleadings after trial onset under CPC provisions.
Amendments to pleadings post-commencement of trial under Civil Procedure Code are restricted unless due diligence is demonstrated.
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
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