AMENDMENT OF PLEADINGS R.17-18
Rule 17 states, that court may any stage of proceddings allow either party to alter or amend his pleadings. But such amendments or alterations may determine the real questions or controversy between the parties.
provided ,that no application of amendment or alteration be allowed after the trial has commenced & the court comes to the conclusion that in spite of due dilligence ,party could not have raised the matter before commencement of trial .
OBJECT -from various case laws,it is well settled that Provisions for amendment of pleadings are intended for promoting the ends of justice and not for defeating them .
The court allow either party to alter or amend his pleading at any stage of proceedings on such term as deems fit.But such discreations, must be exercised judicially and in confirmity with well-established principles of law.
But the proviso as inserted by Amendment Act ,2002 put further restictions while allowing in amendment.
IN Kisan Das vs Rachappa Vithoba it was observed that there are conditions are to allowed while making amendments 1-whether amendment is necessary for determining real questions in controversy
2-can the amendements be allowed without injustice to other side .
Failure to Amend ;R,18 Dilbagh Rai jarry vs Union of India (R,18)
AIR 1974SC P.135
If a party obtained an order for leave to amend ,does not amend accordingly within specified time in order or if no time is specified thn ,within 14 days from the date of the order,shall not be permitted to amend after expiry of specified time or of 14 days unless the time is extended by the court.......
Comments