Short Note on Amendment of Pleading
Amendment of Pleading refers to the process of making changes, additions, or corrections to the original pleadings (plaint or written statement) filed in a court. It is governed by Order VI Rule 17 of the Code of Civil Procedure, 1908.
Key Points:
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The objective is to allow parties to correct errors or include new facts that are essential for determining the real issues in dispute.
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A party may amend the pleadings with the permission of the court at any stage of the proceedings.
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The amendment must be necessary for the purpose of determining the real questions in controversy between the parties.
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However, no amendment is allowed if it introduces a new cause of action or prejudices the other party or is sought at a very late stage without justification.
Landmark Principle:
In the case of Rajkumar v. Dipinder Kaur, the Supreme Court held that amendments should be liberally allowed unless they cause injustice or undue delay.
Conclusion:
Amendment of pleading is an important procedural tool to ensure fair trial and complete justice by allowing the parties to present their case fully and accurately.
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