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Showing posts with the label broad principals

Amendment of Pleadings : Broad Principles

We have already dealt with a post on the Law relating to Amendment of Pleadings, and the different tests to be applied in cases of amendment of Plaint as against a Written Statement. The Supreme Court in State of Madhya Pradesh Vs. Union of India has re-itereated the law relating to amendment of pleadings under the Code of Civil Procedure, 1908. The Court, while considering Order VI Rule 17 of the Code, in several judgments has laid down the principles applicable in the case of amendment of plaint which are as follows: 8. In order to consider the claim of the plaintiff and the opposition of the defendants, it is desirable to refer the relevant provisions. Order VI Rule 17 of the Code of Civil Procedure, 1908 (in short `the Code') enables the parties to make amendment of the plaint which 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...