What Are Pleadings?
Under the CPC:
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A plaint is the written statement filed by the plaintiff.
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A written statement is the defense filed by the defendant.
These documents are collectively called pleadings (as per Order VI Rule 1), and they form the foundation of a civil suit.
What is Amendment of Pleadings?
An amendment of pleadings means making changes, additions, or corrections to the plaint or written statement after filing.
This is governed by Order VI Rule 17 of CPC, which allows either party to apply to the court for permission to amend pleadings.
Text of Rule
“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…”
Proviso: No amendment shall be allowed after the trial has commenced, unless the court concludes that the party could not have raised the matter earlier despite due diligence.
Purpose of Amendment
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To bring out the real issues in dispute
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To correct errors, omissions, or misstatements
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To ensure a fair and complete adjudication
Types of Amendments Allowed
| Type of Amendment | Example |
|---|---|
| Adding new facts or grounds | Including a newly discovered document |
| Correcting errors | Fixing typographical mistakes or wrong dates |
| Changing relief sought | Increasing the compensation amount |
| Substituting parties | Correcting the name of a legal heir or company |
Conditions for Granting Amendment
The court will allow amendment only if:
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It is necessary to decide the real issue.
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It does not cause injustice or prejudice to the other party.
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It is not intended to delay the trial or change the nature of the suit entirely.
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It is made before commencement of trial (preferably).
After the trial starts, the “due diligence” test is strictly applied.
When Is Amendment Refused?
❌ If it introduces a new and inconsistent cause of action
❌ If it is made with delay and causes prejudice
❌ If it is vague or unnecessary
Procedure to Amend Pleadings
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File an application under Order VI Rule 17 CPC
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Court considers the necessity, timing, and impact
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If allowed, the amended pleading is submitted and served to the other party
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The other party may be permitted to respond afresh