Amendments of Pleadings under Order 6 Rule 17 of CPC

The biggest problem with how justice is done in India is that cases, both criminal and civil, are taking a long time to get resolved. This happens at all levels of the courts, from the lower ones to the Supreme Court. One of the reasons for this is a rule called Order VI, rule 17 of the Code of Civil Procedure i.e. amendment of pleadings.

Pleadings are statements in writing where each side in a case tells the other what they believe and what their arguments will be in court. They have to give all the important details so the other side can prepare their own arguments. It’s really important that all the important facts and details are included in these statements and the court can only consider what’s in these statements when making a decision.

But sometimes, a party might need to change or add something to their statement before or during the trial i.e. amendment of pleadings. Rule 17 of Order VI talks about how this can be done.

Meaning of Amendment of Pleadings CPC

Amendment of pleadings means making changes to the formal written statements submitted by parties in a court case. In India, according to the Code of Civil Procedure (CPC), parties can make these changes during a trial with the court’s permission. The purpose of amending pleadings is to make sure that the real issues in the case are addressed and that justice is served. However, there are conditions for making these changes, such as not causing harm to the other party and following the time limits set by the court.

Order VI, Rule 17 of the Code of Civil Procedure deals with amending pleadings. Pleadings are the statements made by the Plaintiff or the Defendant in their respective claims and responses. An amendment can involve altering, modifying, or deleting something in these statements.

Order VI Rule 17 reads as under:

“17. 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 real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.”

Importance of Amendment of Pleadings

Amending pleadings is crucial in the Indian legal system, especially in civil cases. Pleadings are formal written statements that parties use to present their case to the court, including facts, issues and legal arguments. Allowing amendments to these statements is essential for several reasons:

• Ensuring Justice: Amendment of pleadings helps ensure that justice is served. It allows parties to correct errors or omissions in their defence, making their case presentation more effective. It also helps address new issues that may arise during the trial, ensuring that the real matters in dispute are properly addressed.
• Resolving Disputes: Amendments to pleadings help parties identify and resolve key issues in a dispute more effectively. This leads to more accurate and fair dispute resolution, saving time, reducing the need for additional evidence or hearings and promoting settlements between parties.
• Avoiding Delays: Allowing parties to amend their pleadings before the trial begins helps prevent delays. By addressing problems or omissions early on, the risk of delays due to introducing new evidence or arguments is reduced. This speeds up case resolution, lightens the burden on the justice system and improves efficiency.
• Promoting Fairness: Amending pleadings promotes fairness in the justice system. It prevents one party from gaining an unfair advantage over the other by allowing both sides an equal opportunity to present their case.

Conditions for Amending Pleadings in CPC

While amending pleadings is permitted under the Indian Code of Civil Procedure (CPC), specific conditions must be met, including:

• Necessity for Dispute Resolution: The proposed amendment must be necessary to resolve the dispute between the parties. The court assesses whether the change is essential to ensure the proper resolution of the issues in dispute and the delivery of justice.
• Absence of Prejudice to the Other Party: Amendments should not unfairly prejudice the other party. The court examines whether the proposed change would harm the opposing party through delays, increased costs, or substantive alterations to the case.
• Good Faith: The requested amendment must be made in good faith. The court considers whether the party seeking the change has a legitimate reason and isn’t attempting to deceive the court or gain an unfair advantage.
• Compliance with Time Limits: Proposed amendments must adhere to any court-imposed deadlines. Parties must file these changes within the timeframes specified by the court for pleading submissions.

What Can Be Amended in Pleadings

In legal proceedings in India, there are specific aspects of pleadings that can be amended:

• Plaint Filed by the Plaintiff: The plaintiff, who initiates the legal action, can amend the contents of the plaint, which is the formal document outlining their claims and allegations.
• Written Statements Filed by the Defendant: The defendant, in response to the plaintiff’s claims, can amend their written statements. These statements present the defendant’s version of events and defenses.

Conditions for Granting Amendment of Pleadings

To obtain permission for amending pleadings, certain conditions must be met:

• No Injustice to the Other Party: The amendment should not cause unfair harm or prejudice to the opposing party.
• Necessary for Determining Real Controversy: The proposed amendment must be necessary to determine the actual dispute between the parties.

Additional Conditions for Amendment of Pleadings

The Supreme Court of India has outlined further conditions under which amendments of pleadings can be allowed:

• Change in Nature of the Case: If allowing the amendment would substantially alter the nature of the case or the claims involved.
• New Cause of Action: When the proposed amendment introduces a new cause of action, leading to a different legal basis for the case.
• Defeat of Law of Limitation: If the amendment would result in the case falling outside the applicable statute of limitations.

Other Instances for Granting Amendment of Pleadings

Amendment of pleadings may also be allowed in the following situations:

• Avoiding Multiplicity of Suits: When the amendment serves to avoid the need for multiple separate lawsuits.
• Correcting Wrongful Descriptions: If parties in the plaint or written statements have been wrongly described, amendments can be made to correct these errors.
• Adding Omitted Properties: If the plaintiff forgets to include certain properties in the plaint, they can amend the pleadings to include them.

Instances When Amendment of Pleadings is Refused

Conversely, there are circumstances when the court may refuse to grant permission for amending pleadings:

• Not Necessary for Determining Controversy: If the amendment is not essential for resolving the core dispute between the parties.
• Introduction of Completely New Case: If the proposed amendment completely changes the case’s essence and introduces an entirely new set of facts or claims.
• Negligence: If the plaintiff or defendant has been negligent in seeking the amendment.
• Unjust Alteration or Modification: If the proposed changes are deemed unfair or unjust.
• Violation of Legal Rights or Injustice: If the amendment violates the legal rights of the other party or results in injustice.
• Needless Complications: When the amendment would unnecessarily complicate the case.
• Excessive Delay: If there has been undue delay in filing the suit or requesting the amendment.
• Change in Nature of Disputes: If the proposed amendment significantly alters the nature of the disputes in the case.
• Mala Fide Intention: When the amendment is sought with a malicious or wrongful intention.
• Missed Opportunities: If parties had ample opportunities to request amendments but failed to do so.

These conditions and considerations on amendment of pleadings help maintain fairness and efficiency in the legal process while ensuring that justice is served in Indian courts.

Step by Step Procedure for Filing an Application for Amendment of Pleadings

Amending pleadings in Indian civil courts involves a specific procedure. Here are the steps to follow:

Step 1: The party (Plaintiff or Defendant) wishing to make amendments in their pleadings must prepare an application for the amendment of pleadings.

Step 2: Present the application before the relevant civil judge.

Step 3: Pay the necessary court fee as per the Court Fees Act of 1870. This fee is required for processing the application.

Step 4: In the application, clearly state the purpose and reasons for seeking the amendment. Explain why the alteration is necessary.

Step 5: The judge will review the application. If the judge deems that the proposed amendment is essential for determining the real issues in dispute between the parties, permission for the amendment will be granted.

Step 6: Upon receiving the court’s approval, the applicant must file the newly amended pleadings within the time frame specified by the court. If the court does not specify a time limit, the amended pleadings should be filed within 14 days from the date of receiving the court’s order.

Step 7: Provide a copy of the amended pleadings to the opposing party. This ensures that both sides are aware of the changes made to the pleadings.

Amending Pleadings and Limitation

Amendment of pleadings when a suit is debarred by the Limitation Act is subject to certain considerations and principles as established by various court cases:

L.J. Leach & Co. Ltd. v. Jardine Skinner & Co: The Supreme Court has stated that if an application for amending pleadings is debarred by the Limitation Act, it can be a ground for rejecting the application. However, the court also has discretionary power to allow the amendment if it deems it necessary to secure the ends of justice.

South Konkan Distilleries & Anr v. Prabhakar Gajanan Naik & Ors: It is a settled principle that the court can disallow an application for amendment if, on the date of filing the application, it is barred by limitation. Nevertheless, this does not mean the court cannot grant the application. The court retains discretionary power to allow the amendment if it believes it is necessary to serve the interests of justice.

Pankaja & Anr v. Yellappa (D) by LRs & Ors: There is no fixed principle that dictates whether the court can reject an application for amendment when it is barred by limitation. The court’s decision depends on the specific factual background of the case. If the facts and circumstances demonstrate that the amendment is necessary to determine the cause of action and avoid further litigation, the court should allow the application.

Ragu Thilak D. John v. S. Rayappan: The issue of limitation in an application for amendment varies from case to case. In some instances, the issue of limitation becomes a matter of dispute in the suit itself. In such cases, the application for amendment may be allowed to help resolve the case.

Vishwambhar v. Laxminarayan: The application for amendment of pleadings is related back to the date of the application itself, not the date of filing the suit.

Failure to Amend within Prescribed Time

According to Order VI, Rule 18 of the Civil Procedure Code:

If a party obtains an order for leave to amend but fails to amend within the time specified in the order, or if no specific time is provided, within fourteen days from the date of the order, they will not be allowed to amend after this prescribed time unless the court extends the time.

In other words, if a party does not act promptly to make the amendments within the specified or default timeframe, they may lose the opportunity to amend their pleadings unless the court decides to grant an extension. This rule helps ensure the orderly progression of legal proceedings.

General Principles on Amendment of Pleadings CPC

In the case of Ramesh Kumar Agarwal vs. Rajmala Exports P. Ltd. & Ors, Justices P. Sathasivam and J. Chelameswar of the Supreme Court of India discussed the principles governing the amendment of pleadings and provided valuable guidance on this matter. Here are the key principles and judgments they referenced:

Principles Governing Amendment of Pleadings

Bona Fide and Honest Amendments: The court emphasised that while deciding applications for amendments, it should not refuse amendments that are bona fide, legitimate, honest and necessary. On the other hand, amendments made with mala fide and dishonest intentions should not be permitted.

Purpose of Order VI Rule 17: Order VI Rule 17 of the Code of Civil Procedure allows parties to alter or amend their pleadings to ensure justice. Amendments cannot be claimed as an absolute right, but the courts should not adopt a hyper-technical approach when deciding such requests. A liberal approach should generally be followed, especially when the other party can be compensated with costs.

Principles from Previous Judgments

Surender Kumar Sharma v. Makhan Singh

This case emphasised that even if an application for amendment is belated, the crucial consideration is whether allowing the amendment would help resolve the real controversy between the parties. Order VI Rule 17 grants courts wide powers and unfettered discretion to allow amendments and delay alone should not be a ground for refusing an amendment if it can be allowed with the payment of costs.

North Eastern Railway Administration, Gorakhpur v. Bhagwan Das

In this case, the court highlighted the principles governing the granting or disallowing of amendments under Order VI Rule 17 of the CPC. Amendments can be made at any stage of the proceedings and should be allowed if they meet two conditions: (a) they do not cause injustice to the other side and (b) they are necessary for determining the real issues in dispute between the parties.

Amendments of pleadings should only be refused if the other party cannot be placed in the same position as if the pleading had been originally correct and the amendment would result in injury that cannot be compensated through costs.

Usha Devi v. Rijwan Ahmad and Others

In the case of Usha Devi v. Rijwan Ahmad and Others, it was pointed out that when a trial has not yet started, amendments to pleadings can generally be allowed. The law states that once the trial is underway, amendments may not be permitted.

However, it’s essential to understand that “commencement of trial” means the final stage of the case, including hearing evidence, submitting documents and making arguments. In this particular case, since the parties hadn’t submitted their documents, there was no reason to reject the request to amend the written statement.

Rajesh Kumar Aggarwal and Others v. K.K. Modi and Others,

In the case of Rajesh Kumar Aggarwal and Others v. K.K. Modi and Others, it was clarified that courts should allow amendments to pleadings if they are necessary to determine the real issues in a case, as long as it doesn’t harm the other party or cause prejudice. The rule under Order 6, Rule 17 has two parts: the first part gives the court discretion to order amendments, while the second part makes it mandatory for the court to allow necessary amendments to determine the true issues in dispute.

 Revajeetu Builders and Developers v. Narayanaswamy and Sons and Others,

In the case of Revajeetu Builders and Developers v. Narayanaswamy and Sons and Others, some key principles were outlined for considering applications for amendments:

• The amendment should be necessary for a fair resolution of the case.
• The request for amendment should be made in good faith.
• The amendment should not cause irreparable harm to the other party.
• Rejecting the amendment should not lead to injustice or multiple lawsuits.
• The proposed amendment should not fundamentally change the nature of the case.
• Generally, amendments should be declined if a fresh lawsuit on the amended claims would be time-barred.

Conditions for Amendment of Pleadings

The Supreme Court of India, in the case of Rajkumar Gurawara (Dead) Thr. L.Rs. vs. S.K. Sarwagi And Co. Pvt. Ltd. And Anr., established certain conditions that must be met for the grant of an application for amendment. These conditions include:

• When the proposed amendment fundamentally changes the nature of the case.
• When the amendment introduces a new cause of action and unfairly prejudices the other party.
• When allowing the amendment application would violate the law of limitation.

The plaintiff in this case not only failed to meet the conditions specified in the proviso to Order VI Rule 17 but also, on the merits of the case, their claim was found to be rejectable.

Effects of Amendment of Pleadings

When an amendment is permitted in a legal case, that amendment is generally considered to relate back to the date when the suit was originally filed. In the case of Brij Kishore v. Smt. Mushtari Khatoon, it was established that the court should primarily consider the pleadings as they exist after the amendment has been made and disregard the unamended portions.

In other words, the court should focus on the pleadings as they stand after the amendment and not take into account the unamended parts when making determinations in the case.

Conclusion

Amendments of pleadings refer to the process of modifying or altering the formal written statements submitted by parties involved in a legal case. These statements, known as pleadings, outline the facts, issues, and legal arguments supporting their claims or defences. Amendments allow parties to make necessary changes to their pleadings during the course of a trial, ensuring a more accurate presentation of their case and facilitating the fair resolution of disputes.

However, amendments of pleadings must adhere to certain conditions, such as avoiding prejudice to the other party and complying with court-ordered timelines, to maintain the integrity and efficiency of the legal proceedings.