AI Overview...
O6 R 17 Cpc Appeal Stage - Summary
-
Order 6 Rule 17 CPC - Amendment of Pleadings
The power to amend pleadings under Order 6 Rule 17 CPC is available at any stage of the proceedings, including during appeal, provided the court's conditions are met. Amendments are generally permissible to rectify mistakes or include vital facts, even at the appellate stage, unless barred by specific procedural restrictions.
Vamneshwar Saunsthan VS Gajanan Babuso Sattarker - Current Civil Cases, Shyamabai VS Madan Mohan Mandir Sanstha - Bombay, D. A. Paramasivam VS Nataraja Achari and Another - Madras, Shakuntala VS Davendra Kumar Mool Chand - Rajasthan -
Amendments at the Appeal Stage
Courts have held that amendments can be allowed during the appellate process, especially if they do not cause prejudice or re-open the trial unnecessarily. However, amendments sought at the second appeal stage are often scrutinized strictly, and courts may reject amendments if they are deemed irrelevant, cause delays, or amount to re-trial.
Sandha DebI Thapa VS Anjali Debi Thapa - Gauhati, KISHAN CHAND VS SECRETARY UNION OF INDIA - Delhi, Chandra Filling Service VS Ram Prasad - Rajasthan, Ram Sagar Gupta VS Arvind Kumar Rastogi - Allahabad -
Evidence and Additional Evidence under Order XLI Rule 27 CPC
Application for taking additional evidence during appeal is permissible, and such applications are to be heard on merit. The appellate court can appreciate evidence on record and decide whether to admit further evidence, considering the stage of appeal and the principles of justice.
Vamneshwar Saunsthan VS Gajanan Babuso Sattarker - Current Civil Cases -
Stage-specific Restrictions
- At the final hearing of an appeal, courts generally allow amendments or additional evidence if justified, but with caution.
- During second appeal, amendments are often disallowed if they are irrelevant or amount to re-opening the trial, emphasizing finality and judicial economy.
-
The hearing of an appeal is not considered part of the trial, and amendments are subject to the appellate court's discretion.
Sandha DebI Thapa VS Anjali Debi Thapa - Gauhati, KISHAN CHAND VS SECRETARY UNION OF INDIA - Delhi, Shakuntala VS Davendra Kumar Mool Chand - Rajasthan -
Limitations and Exceptions
- New points or pleas cannot be raised on appeal if they were not included in the pleadings or raised earlier, unless allowed by amendments under Order 6 Rule 17.
- The court's discretion is vital; amendments are generally allowed to prevent miscarriage of justice but are rejected if they cause prejudice or delay.
Chandra Filling Service VS Ram Prasad - Rajasthan, Ram Sagar Gupta VS Arvind Kumar Rastogi - Allahabad
Analysis and Conclusion
The appellate stage under CPC, specifically under Order 6 Rule 17, permits amendments to pleadings and the admission of additional evidence, but with restrictions based on timing, relevance, and potential prejudice. Courts tend to favor allowing amendments to correct procedural or factual errors, especially if made early or justified by circumstances. However, at the second appeal stage, amendments are scrutinized more strictly, often rejected if they are irrelevant or cause undue delay. Proper exercise of judicial discretion ensures justice while maintaining procedural integrity.
References:
- Vamneshwar Saunsthan VS Gajanan Babuso Sattarker - Current Civil Cases
- Anil Chandra Poddar, S/o Late Girish Chandra Poddar VS Uttam Poddar - Tripura
- Sandha DebI Thapa VS Anjali Debi Thapa - Gauhati
- Shyamabai VS Madan Mohan Mandir Sanstha - Bombay
- D. A. Paramasivam VS Nataraja Achari and Another - Madras
- KISHAN CHAND VS SECRETARY UNION OF INDIA - Delhi
- Ram Sagar Gupta VS Arvind Kumar Rastogi - Allahabad
- Chennai Vedantha Sangam, Chintadripet, Madras by its Secretary VS V. Shanmughasundaram and others - Madras
- Chandra Filling Service VS Ram Prasad - Rajasthan
- Shakuntala VS Davendra Kumar Mool Chand - Rajasthan
Search Results for "O6 R 17 Cpc Appeal Stage"
• India - Current Civil Cases
M.S.SONAK
and Order 41 Rule 27 of CPC at the time of final hearing of appeal at the stage when after appreciating the evidence on record, ... Rule 27 of the CPC at the time of final hearing of the appeal at the stage when after appreciating the evidence on record, the Court ... – Application for taking additional evidence on record at appellate stage, even if filed during pendency of appeal, is to be heard ... Now, the First Appellate Court is directed to cons....
2017 0 Supreme(Tri) 26 • India - Tripura
T.VAIPHEI
evidence at the stage of appeal under Order XLI Rule 27(1)(aa) CPC. ... of granting or disallowing amendments under Order VI Rule 17 CPC and the conditions precedent before allowing a party to adduce additional ... due diligence in omitting vital facts from the plaint, and the desperate effort made by the petitioner to delay disposal of the appeal ... ... The principles which govern the question of granting or disallowing amendments under Order VI Rule 17 C....
2002 0 Supreme(Gau) 34 • India - Gauhati
H.K.KUMAR SINGH
and the court's decision to allow the amendment at the second appeal stage. ... The plaintiff sought an amendment to the schedule of the suit land at the second appeal stage. ... Amendment - Suit Land Description - Order 6 Rule 17 CPC - Summary of the case law and provisions related to amendment of pleadings ... Now the stage of the suit is at the second appeal stage. Originally the suit was decreed and in decree came in a....
2013 0 Supreme(Bom) 2168 • India - Bombay
S.B.SHUKRE
This power is available at any stage of the proceedings and the appeal being continuation of the suit, the power is available even ... statement. - A power under Order VI, Rule 17 of CPC conferred upon Court to allow amendment application is available at any stage ... of proceedings and available even of appellate stage. - Rule 17 of Order VI, CPC confers a power upon the Court to allow the amendment ... This power is available at any stage....
2007 0 Supreme(Mad) 409 • India - Madras
S.ASHOK KUMAR
Code of Civil Procedure, 1908-Order 6, Rule 17-Permissibility of amendment in plaint at the stage of appeal-Amendment sought for ... The learned District Judge, Dharmapuri at Krishnagiri, dismissed the same on the ground that the suit is pending in appeal stage and at that stage, the plaint cannot be amended. ... 4. ... However at the appeal stage, this kind of mistake can be rectified by way of amendment, because no prejudice or h....
1994 0 Supreme(Del) 589 • India - Delhi
R.C.LAHOTI
Civil Procedure Code 1908 - Order 6 Rule 17 — amendment at the stage of second appeal — amendment irrelevant — likely to amount re-opening ... of trial — not permissible after so much delay at the stage of second appeal — application rejected. ... CM 1181/86 (under 0. 6 Rule 17 CPC) is rejected. ... ( 13 ) FOR the foregoing reasons the appeal is held to be devoid of any merit and is liable to be dismissed. It is dismissed according....
2015 0 Supreme(All) 4095 • India - Allahabad
RITU RAJ AWASTHI
Issues: The issues involved the rejection of the application for amendment under Order 6, Rule 17 of C.P.C. and the stage ... The court also noted that the appeal was at the stage of final hearing and the case was fixed for judgment. ... of the appeal at which the application was made. ... The instant writ petition has been filed challenging the order dated 17.11.2015, whereby the application 83-Ka-1 filed under Order 6, Rule 17 C.P.C#HL_E....
1974 0 Supreme(Mad) 538 • India - Madras
P.R.GOKULAKRISHNAN
Code of Civil Procedure, 1908-Order 6, rule 17-Amendment of written statement-Held, amendment sought at the stage of second appeal ... Aggrieved by the decision of the trial Court, the plaintiffs preferred an appeal. ... The appeal being a continuation of the suit new pleas are not considered. If circumstances change they can form the subject of some other proceedings but need not ordinarily be considered in the appeal. To this proposition there are a few exceptions. ....
1996 0 Supreme(Raj) 1409 • India - Rajasthan
R.R.YADAV
A party cannot raise a new point on appeal that was not raised in the written statement or in the memo of appeal. 2. ... Whether the appellant could raise a new point on appeal that had not been raised in the written statement or in the memo of appeal ... in the written statement or in the memo of appeal. ... No steps were taken to amend the written statement as postulated under Order 6 Rule 17 Civil Procedure Code at any stage of the suit or #HL_STA....
2003 0 Supreme(Raj) 369 • India - Rajasthan
HARBANS LAL
Amendment of Written Statement - Civil Procedure Code - The court held that the amended provision of Rule 17 of Order 6 CPC precludes ... The court also clarified that the hearing of an appeal by the appellate court is not a part of the trial of the suit, and therefore ... of amendments after the trial has commenced and that the hearing of an appeal by the appellate court is not a part of the trial of ... District & Sessions Judge, Kishangarh, Ajmer in Civil Regular Appeal No. 14/1997 ....
Filter by Legal Phrase
