The Supreme Court of India has held a vital verdict recently regarding the Amendment of Pleadings. 

The Apex Court stated that an application to amend the pleadings in a Civil Suit can be allowed after the commencement of trial, only under a specific condition.

The Bench of Justice Ashok Bhushan and Justice MR Shah delved into the details of the circumstances under which an amendment application can be allowed at the stage of evidence.

While dealing with a matter concerning a partition suit between a husband and his wife and children, the bench comprising of Justice Ashok Bhushan and Justice MR Shah went into details of the circumstances under which an amendment application can be allowed at the stage of evidence.

After deep observation, the Court held that once a trial has begun, an amendment application cannot be allowed unless the Court is satisfied that the plaintiff couldn't have raised the issues in the amendment application at the stage prior to the commencement of the trial, despite due diligence.

CASE DETAILS

The Trial Court had allowed the amendment application filed by one of the plaintiffs in present case after the case reached the stage of evidence. The defendant in the case took objection to the same and filed a writ against it before the High Court 

The High Court, eventually dismissed the writ and agreed with the findings of the Trial Court.

Aggrieved by the judgement, the defendant brought the present matter before the Supreme Court.

It was contended before the Supreme Court that as per the provision of Order VI, Rule 17 of the Code of Civil Procedure (CPC), no amendment may be allowed once the trial has begun unless the Court is satisfied that amendment couldn't have been made prior to the same despite due diligence.

What is the proviso to Order VI Rule 16?

 

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.

SUPREME COURT OBSERVATION

In the present case, the Apex Court noted as per the records, the evidence in the matter had begun. Thereafter, when the amendment application was filed, the Trial Judge didn't give any findings to support the requirement in the proviso to Order VI Rule 17.

The Top Court thus based on the above observation, declared the decision of the Trial Judge as unsustainable.

The Bench placed reliance on precedents laid down by the Supreme Court, and thus held,

"There is no finding by the Court that the Court is satisfied in spite of due diligence, the party could not introduce amendment before the commencement of the trial, the order of the Trial Judge is unsustainable. The High Court has not adverted to the above aspect of the matter."

At last, the High Court and the Trial Court orders had been set aside and the amendment application in the case had been effectively dismissed.

The order has been passed by Justice Ashok Bhushan and Justice MR Shah on 10-01-2020.

Read Order Here:

 

 

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