AI Overview...
Amendment of Plaint for Prayer Column at Stage of Argument
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Permissibility of Amendments at Any Stage - Courts generally allow amendments to pleadings, including the prayer column, at any stage if necessary to determine the real questions in controversy, provided the amendments are not prejudicial and are made in good faith. This principle is supported by multiple cases under Order VI Rule 17 of the CPC.
SIDDARAM S/O AMRUTHRAO PATIL vs SHANTAPPA S/O GURULINGAPPA BAZARE - Karnataka, DR SURESH vs DR R P PRASHANTH - Karnataka, SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT vs MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. - Karnataka -
Stage of Filing and Nature of Amendment - Amendments made before trial (pre-trial stage) are more likely to be permitted, especially if they clarify or add to existing pleadings without altering the core cause of action. Amendments during or after arguments are more scrutinized, with courts cautious about changes that could prejudice the opposing party or alter the fundamental nature of the suit.
SIDDARAM S/O AMRUTHRAO PATIL vs SHANTAPPA S/O GURULINGAPPA BAZARE - Karnataka, SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT vs MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. - Karnataka, Rajiya Khatun VS Hazara Khatun - Jharkhand -
Amendment for Clarification and Correction - Amendments to correct clerical errors or to clarify pleadings, including prayer columns, are generally favored and often allowed if they do not change the substantive issues or cause prejudice. For example, amendments to rectify mistakes in prayer clauses or to specify additional prayers are typically permitted.
HAJESAB S/O. DONGRISAB MAKANDAR vs HUSSAINBI W/O. ALLISHA MAKANDAR - Karnataka, Rajiya Khatun VS Hazara Khatun - Jharkhand -
Amendment at Appellate or Argument Stage - Amendments at the appellate or argument stage are permissible only under specific conditions and usually require showing that the amendments do not alter the cause of action or prejudice the other party. Courts tend to reject amendments that seek to change the fundamental nature of the suit at these advanced stages.
SIDDARAM S/O AMRUTHRAO PATIL vs SHANTAPPA S/O GURULINGAPPA BAZARE - Karnataka, Shankar Oraon vs Meena Oraon @ Meena Devi, W/o Late Balram Oraon - Jharkhand -
Rejection of Amendments - Amendments can be rejected if they are made in bad faith, are prejudicial, or seek to change the cause of action at a late stage without valid justification. Courts emphasize that amendments should facilitate justice without causing undue delay or prejudice.
SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT vs MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. - Karnataka, HAJESAB S/O. DONGRISAB MAKANDAR vs HUSSAINBI W/O. ALLISHA MAKANDAR - Karnataka, Shankar Oraon vs Meena Oraon @ Meena Devi, W/o Late Balram Oraon - Jharkhand
Analysis and Conclusion
Courts generally uphold the principle that amendments to the plaint, including the prayer column, are permissible at any stage of proceedings if they are necessary to determine the real issues, are made in good faith, and do not prejudice the opposing party. Amendments for clarification, correction of clerical errors, or to incorporate additional prayers are often allowed before the trial begins. However, amendments that seek to alter the fundamental cause of action or are made at a late stage, especially during or after arguments, are scrutinized and may be rejected to prevent prejudice and ensure procedural fairness. The key considerations include timing, nature of the amendment, and whether it affects the core issues of the case.
References: - SIDDARAM S/O AMRUTHRAO PATIL vs SHANTAPPA S/O GURULINGAPPA BAZARE - Karnataka - DR SURESH vs DR R P PRASHANTH - Karnataka - SHIVANAND S/O. SIDRAMAPPA DANGI, AGE: 65 YEARS, OCC: AGRICULTURE, R/O. MUDHOL, TQ: MUDHOL, DIST: BAGALKOT vs MURIGEPPA S/O. PARAPPA MUGATI, SINCE DECEASED REP. BY HIS LR’S. - Karnataka - K. Umapathy VS A. C. Abraham Kinsely - Madras - V. L. Kaliannan VS Jagadambal - Madras - V.Pethaperumal vs Chitrarsu - Madras - Susheelamma VS B. Umesh, Neelambika, Shylaja and Shanthakumari - Karnataka - HAJESAB S/O. DONGRISAB MAKANDAR vs HUSSAINBI W/O. ALLISHA MAKANDAR - Karnataka - Rajiya Khatun VS Hazara Khatun - Jharkhand - Shankar Oraon vs Meena Oraon @ Meena Devi, W/o Late Balram Oraon - Jharkhand
Search Results for "Amendment of Plaint for Prayer Column at Stage of Argument"
2025 Supreme(Online)(Kar) 19024 • India - Karnataka High Court
M.I.ARUN, J
of plaint sought at the final arguments stage - The Trial Court permitted amendment for determining the real questions in controversy ... of plaint which sought to amend the prayer for declaration of ownership. ... (A) Civil Procedure Code, 1908 - Order VI Rule 17 - Amendment of pleadings - Writ petition challenging the order allowing amendment ... INJUNCTION In prayer column Aa) The plaintiff may kindly be declare....
2024 Supreme(Online)(KAR) 20080 • India - High Court of Karnataka
MR JUSTICE S.R.KRISHNA KUMAR, J
(A) Code of Civil Procedure, 1908 - Order VI Rule 17 - Amendment of plaint - The Trial Court allowed the plaintiff's application ... for amendment to incorporate additional pleadings and prayers regarding damages and injunction concerning property disputes. ... ... ... Ratio Decidendi: The court ruled that amendments are permissible at any stage if necessary for determining real questions ... Prior to commencement of trial, the respondent – plaintiff filed the instant application see....
2025 Supreme(Online)(Kar) 23094 • India - Karnataka High Court
VIJAYKUMAR A.PATIL, J
... ... Issues: The core issue was whether the amendment to the plaint was justified and if it prejudiced the respondents. ... of plaint - Relates to pre-trial stage and clarificatory in nature - Should not hinder proceedings if filed early enough. ... to clarify the suit property description - Trial Court rejected amendment; held erroneous as amendment neither prejudicial nor changing ... Before commencement of the trial, the petitioners filed an application seeking to insert the wo....
2012 0 Supreme(Mad) 3557 • India - Madras
V.DHANAPALAN
Issues: The main issue was whether the petition for amendment of the plaint, filed at the stage of arguments after the conclusion ... During the pendency of the suit, the respondent/plaintiff filed a petition to amend the plaint to include a prayer for demolition ... for amendment of the plaint, but the High Court set aside the order. ... As noted hereinearlier, the prayer for amendment was refused by the High Cou....
2012 0 Supreme(Mad) 2612 • India - Madras
G.RAJASURIA
amendment of the plaint at the appellate stage and highlighted the conditions under which such amendments can be allowed. ... justified, emphasizing that the amendment of the plaint at the appellate stage is subject to specific conditions and cannot be allowed ... It highlighted the conditions under which amendments to the plaint can be allowed at the appellate stage. ... Per contra, the learned counsel for the res....
2025 Supreme(Online)(Mad) 60594 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
(A) Code of Civil Procedure, 1908 - Order VII Rule 3 - Amendment applications to include survey number in 'B' schedule property - ... ... ... Issues: The core issues included whether the amendment application was made in good faith and the implications of the plaintiffs ... Decidendi: The court held that the plaintiff's failure to approach the court with clean hands undermined the legitimacy of the amendment ... The particulars of amendment that have been sought for are as follows: “Amendment #HL_STAR....
2013 0 Supreme(Kar) 1112 • India - Karnataka
A.N.VENUGOPALA GOWDA
Venugopala Gowda, J] Partition suit - Amendment of Plaint - In the middle of Defendants’ evidence plaintiff filed Application under ... Order 6, Rule 17 read with Section 151 of the Civil Procedure Code, 1908 to grant permission to amend the plaint to withdraw some ... there is an attempt made to delete certain pleading from the plaint, has held that no prejudice would be caused to the defendants ... In the prayer column in NO. 'a' after the words Schedule 'A" the words "and Schedule '....
2025 Supreme(Online)(Kar) 17391 • India - Karnataka High Court
SURAJ GOVINDARAJ, J
The petitioners sought a writ of certiorari to quash the impugned order dated 14-7-2025 allowing an amendment to a plaint filed in ... The Court found that the proposed amendment rectified a genuine mistake in the plaint, involving details already pleaded and did ... , which are normally found at the end of each plaint, namely, the jurisdiction, Court fee and cause of action, which are thereafter followed by the prayer column and verification. ... The submission of Sr....
2024 0 Supreme(Jhk) 411 • India - Jharkhand
SUJIT NARAYAN PRASAD
During the argument stage, they filed an amendment petition under Order VI Rule 17 CPC to correct clerical errors in the plaint. ... VI Rule 17 of the CPC, which allows for amendments to pleadings at any stage of the proceedings, provided certain conditions are ... The court reiterated that the timing of the amendment is not a sufficient ground for rejection if the amendments are formal and do ... The petitioners-plaintiffs, when the suit was at the ....
2025 0 Supreme(Jhk) 632 • India - IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi
Court - Amendment sought to alter nature of suit at final argument stage - Court must avoid hyper-technical approach, but amendment ... (A) Constitution of India - Article 227 - Civil Procedure Code - Order VI Rule 17 - Petition for amendment - Rejected by learned ... ... ... Issues: Whether the requested amendment would change the suit's nature and if the rejection was justifiable. ... (III) The amendment should not change the cause of action, so as to set up an e....
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