Amending Pleadings After Cross-Examination Begins: CPC Rules

2023 0 Supreme(Del) 3051

Order 6 Rule 17 of the Code deals with amendment of pleadings. By Amendment Act 46 of 1999, this provision was deleted. ... Amendment of Pleadings: The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the rea....

2023 0 Supreme(P&H) 1129

Amendment in pleadings is envisaged/ permitted under Order 6 Rule 17 of the Civil Procedure Code (for short ‘CPC’), which is reproduced hereinbelow, and stipulates that:- “The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such ... A perusal of the above judgment shows that the third condition precedent for permitting amendment is that trial should not have begun#H....

2023 Supreme(Online)(KAR) 13795

It is true that in the present case, trial has begun and it is at the stage of cross-examination. ... Order VI Rule 17 of CPC permits amendment of pleadings at any stage of the proceedings. ... complete his cross-examination of PW1. ... But, proviso to Rule 17 of Order VI of CPC would restrict the Court while considering the amendment application once the trial has begu....

2025 Supreme(Online)(Ker) 49500

Though we do not propose to enter into the merits of the rival contentions, particularly as to the impact of the testimony vis-a-vis the pleadings on record, we are certain that, after the trial starts, an amendment intended to get over admissions in testimony cannot be allowed. ... He added that this admission is now being tried to be covered through an amendment of the Original Petition, after the trial had begun; and a....

2025 0 Supreme(MP) 244

In this case, at the outset the amendment application was filed at the time of cross-examination of the respondent, and such amendment primarily appears to be necessary to determine the case. 9. In the case of Sampath Kumar Vs. ... However, the doctrine of relation back in the context of amendment of pleadings is not one of universal application and in appropriate cases the Court is competent while permi....

2022 Supreme(Online)(MP) 3769

Though the suit has been instituted in the year 2016 but presently only the affidavits in evidence of plaintiff and his witnesses have been filed and their cross-examination has not begun. ... The plaintiff submitted that only affidavits in evidence of witnesses have been filed and their cross-examination has not begun as yet and that pleadings in the plaint have not been made properly since plaintiff was....

2022 0 Supreme(MP) 364

Though the suit has been instituted in the year 2016 but presently only the affidavits in evidence of plaintiff and his witnesses have been filed and their cross-examination has not begun. ... The plaintiff submitted that only affidavits in evidence of witnesses have been filed and their cross-examination has not begun as yet and that pleadings in the plaint have not been made properly since plaintiff was....

Madhya Pradesh

The plaintiff submitted that only affidavits in evidence of witnesses have been filed and their cross-examination has not begun as yet and that pleadings in the plaint have not been made properly since ... Though the suit has been instituted in the year 2016 but presently only the affidavits in evidence of plaintiff and his witnesses have been filed and their cross-examination has not begun. ......

Kandy, 7457 /MR     Pleadings-Amendment of plaint-Scope of the power of Court to amend plaint-Distinction between amendment and alteration- Civil Procedure Code, ss. 21,38, 46 (2), 93. ... In recent times there appears to have grown a practice of the respective parties repeatedly altering their pleadings under the guise of amendment as if they have an unlimited right to alter their pleadi....

High Court Malaya Johor Bahru

that the proceedings should for any reason be continued as if the cause or matter had been begun by writ, it may order the proceedings to continue as if the cause or matter had been so begun and may, in particular, order that pleadings shall be delivered or that any affidavits shall stand as pleadings ... put in proper pleadings in a writ action as well as taking care of the Plaintiff's need to amend the ....

2019 0 Supreme(P&H) 3029

Where, however, the applicant establishes that despite the exercise of due diligence, he could not raise the pleadings sought to be pleaded by way of amendment, before the commencement of a trial, a court would be justified in allowing such an amendment. The power, therefore, to allow amendment of pleadings, even after the commencement of the trial, subsists, but with a caveat that the party praying for amendment must establish that despite the exercise of due diligence, the pleading....

2019 0 Supreme(P&H) 1004

Where, however, the applicant establishes that despite the exercise of due diligence, he could not raise the pleadings sought to be pleaded by way of amendment, before the commencement of a trial, a court would be justified in allowing such an amendment. A court, therefore, may where it is of the opinion that the amendment is necessary for the purpose of determining the real controversy and if the applicant satisfies the court that despite the exercise of due diligence, he could not raise the ....

2012 0 Supreme(Guj) 184

Pre-trial amendment more particularly are to be allowed liberally than those preferred after trial has begun. Again, objections against the amendment cannot preclude the Court from allowing the same if otherwise there exists special circumstances and as mentioned hereinabove, the same is necessary for deciding the controversy between the parties.

Current Civil Cases

Pre-trial amendment more particularly are to be allowed liberally than those preferred after trial has begun. Again, objections against the amendment cannot preclude the Court from allowing the same if otherwise there exists special circumstances and as mentioned hereinabove, the same is necessary for deciding the controversy between the parties.

Current Civil Cases

Where, however, the applicant establishes that despite the exercise of due diligence, he could not raise the pleadings sought to be pleaded by way of amendment, before the commencement of a trial, a court would be justified in allowing such an amendment. A court, therefore, may where it is of the opinion that the amendment is necessary for the purpose of determining the real controversy and if the applicant satisfies the court that despite the exercise of due diligence, he could not raise the ....