Amendment of Pleadings
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Code of Civil Procedure

Amendment of Pleadings

Amendment of Pleadings

Amendment of pleadings has been provided under Order 6 Rule 17 of the Civil Procedure Code, 1908. Before understanding the meaning of the Amendment of Pleadings, let's see the meaning of Pleadings and Amendment. 

Table of Contents

The Meaning of Pleadings in CPC has been defined under Order VI Rule 1 of the Code of Civil Procedure Code, 1908, it is stated that "Pleadings includes plaint and written statement. Therefore, the pleadings are the statements or contentions made in writing among them one is a plaint and another one written statement by the litigants in a lawsuit setting forth the facts upon which the plaintiff claims the legal relief i.e plaint or challenges the claims which are claimed by the plaintiff against the defendant i.e. written statement.

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Amendment of Pleadings

Amendment of Pleadings can be found under Order 6 Rule 17 of the Civil Procedure Code, 1908, which stated that "

Examples:-

  1. The fresh information has come to hand i.e. the subsequent event,
  2. Document whose existence was unknown to him has been disclosed which necessitates reshaping his claim or defence,
  3. His opponent may have raised some objections to his pleadings and it will be advisable for him to amend his pleadings.

Objectives of Amendment of Pleadings

The main aim and object of the amendment of pleadings are to meet the end of justice and to determine the real questions of the dispute between the parties.

The object of the amendment of pleadings is to minimize the litigation, minimize the delay and avoid the multiplicity of the suits. Therefore, the amendment of pleadings included doing justice and not shutting out justice merely on the grounds of technical and clerical mistakes in pleadings.

In the case of P.H. Patil v/s K.S. Patil AIR 1957, The Supreme Court of India has observed that "courts should by the merits of the cases consequently allow all the amendments that may be necessary for determining the real question in the controversy between the parties provided that is does not cause injustice or prejudice to the other side party.

Different Kinds of Amendments of Pleadings

There are six different kinds of amendments of pleadings specified in the CPC, these are;

  1. Amending your Own Pleading, (Order VI Rule 17)
  2. Amending your Opponents' Pleading, (Order VI Rule 18)
  3. Adding Legal Representatives of the Deceased Party, (Order 22 Rule 3 & 4)
  4. Striking out or Adding Parties, [Order I Rule 10(2)]
  5. Amendment of Proceedings in a Suit by the Court, (Sec. 153)
  6. Amendment of Clerical Mistakes in Judgments, Decrees, and Orders (sec. 152)

Amending Own Pleadings (Order VI Rule 17)

Amendment of pleadings has been provided under Order 6 Rule 17 as "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, and all such amendments shall be made as may be necessary for the purpose of determining the fundamental and real questions in controversy between the  parties:

Provided that no application for amendment shall be allowed after the trial has commenced unless the Court comes to the conclusion that despite due diligence, the party could not have raised the matter before the commencement of trial."

Amending Opponents' Pleading (Order VI Rule 18)

Order VI Rule 18 stated that "Failure to amend after Order. - If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be unless the time is extended by the Court."

Adding Legal Representatives of the Deceased Party (Order 22 Rule 3 & 4)

The procedure for adding a legal representative of the deceased party has been provided under Order 22 Rules 3 and 4 as follows;

Order XXII Rule 3 - Procedure in case of death of one of several plaintiffs or of the sole plaintiff

(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the use survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.

(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.

Order XXII Rule 4 - Procedure in case of death of one of several defendants or of the sole defendant.

(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendants to be made a party and shall proceed with the suit.

(2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant.

(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant.

(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place.

(5) Where - 

(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and

(b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, because of such ignorance, sufficient cause for not making the application with the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.

Striking out or Adding Parties, [Order I Rule 10(2)]

Order I Rule 10(2) stated that "The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant or whose presence before the Court may be necessary to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added."

Amendment of Proceedings in a Suit by the Court (Sec. 153)

The court has the general power to amend the pleadings. It is provided under section 153 of the Civil Procedure Code, 1908 as "General power to amend - The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made to determine the real question or issue raised by or depending on such proceeding."

Amendment of Clerical Mistakes in Judgments, Decrees, and Orders (sec. 152)

As per section 152, the court has the power to amend the clerical mistakes in judgments, decrees, and orders passed by the Court. Furthermore, section 152 stated that Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

Procedure for Amendment of Pleadings

The procedure for amendment of pleadings has been given as below;

  1. The party who is willing to amend his pleadings i.e. (the plaintiff is willing to amend his plaint or the defendant is willing to amend his written statement) is required to write an application for the amendment of pleadings to the concerned court where the suit is pending.
  2. The applicant has to pay prescribed and appropriate court fees under the Court Fees Act, 1870.
  3. The applicant should narrate all the reasons which are required for the amendment in pleadings.
  4. The court may suggest the opponent party file their say on this application of amendment of pleadings.
  5. The court has discretionary power to evaluate the application on whether the amendment is necessary to determine the fundamental questions of controversy between the party and whether the modification is necessary to deliver justice to both parties.
  6. When the court hears both parties, the court may pass an order for allowing such amendment in pleadings.
  7. After getting an approval order, the applicant needs to file the amended pleading within the prescribed time limit or before 14 days from the date of passing an order.
  8. The applicant needs to submit a copy of the amended pleadings in court and to the opposite party.

Amendment of Pleadings When Granted

There are certain conditions stated by the Hon'ble Supreme Court, in the case of Rajkumar Gurawara (Dead) Thr L.Rs. v/s S.K. Sarawagi And Co. Pvt. Ltd. And Anr, Therefore, there are some conditions to be satisfied before granting leave for amendment of pleadings. These are;

  • When the application of amendment of pleadings is being filed to avoid the multiplicity of suits.
  • When the parties in the plaint or written statement are described wrongfully i.e. wrong name or address etc.
  • When the plaintiff omits to add some properties to the plaint.
  • When the nature of the suit will not change by allowing the application for amendment in pleadings.
  • When a new cause of action does not arise by allowing the application for amendment of pleadings.
  • When such an amendment is carried out in the pleadings then it does not defeat any provisions of the law of limitation.
  • When such an amendment should not lead to injustice to the other party.
  • When the amendment of pleadings is necessary for determining the real question of the dispute between the parties.

Amendment of Pleading When Refused

There are certain conditions stated when the amendment of pleadings is not granted. These are;

  • The application for amendment of pleadings can be rejected by the court when there is no necessity for the amendment for determining the real question of controversy or a dispute between the parties.
  • The application for amendment of pleadings can be rejected when it leads to the introduction of a new case/suit. It was held by the Supreme Court in the case of Modi Spg. Mills v/s Ladha Ram and Sons, that the defendant cannot be permitted to change completely the case made in certain paragraphs of the written statement and substitute an entirely different and new case in the suit.
  • Application for amendment in pleadings can be rejected when the plaintiff or defendant is negligent.
  • The application may be rejected when the purpose of the application for amendment, alteration or modification in the pleadings it's unjust and unnecessary.
  • Such an application may be rejected when it leads to needless complications in the case.
  • The application can be refused when it infringes the legal rights or causes injustice to the other parties.
  • Leave to the amendment of the pleadings is refused when there has been excessive delay by the parties in filing the suit.
  • When the nature of the suit might be changed after allowing the amendment application that time the court may refuse such an application for amendment in pleadings.
  • When the application for amendment in pleadings it's filled with malafide intention then the code will not allow the application for amendment of pleadings.
  • When the court has given several opportunities to the parties to apply for the amendment in the pleadings but the parties failed to make an application within the prescribed time by the court then such an application we cannot be allowed if not filed within time.

What can be Amended in Pleadings?

As we earlier discussed the pleadings include plant and return statements. Therefore the parties to the suit can apply the application for amendment in plant or a written statement by the plaintiff or defendant respectively.

In Which Stage of Civil Suit the Pleading Can be Amended?

As per order 6 rule 17 of the Civil Procedure Code 1908, it is stated that "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, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties"

The provisions provided under Order 6 Rule 17 give power to the civil court to allow parties to alter amend or modify the pleadings at any stage of the proceedings. But the court will allow such application for amendment in pleadings only when such amendment is necessary to determine the dispute between the parties. The purpose of this provision is to promote the ends of justice and not to defeat any provision of law.

In the case of Gurudial Singh v/s Rajkumar Aneja, the Supreme Court held that any person who is applying the application for amendment in pleadings before the concerned court should state what is to be altered, amended or modified in the original pleadings.

In Rajesh Kumar Agarwal and Others v/s K.K. Modi and Others, the Supreme Court stated that the amendment of pleadings consists of two parts;

  • At first, the word "may" gives discretionary power to the court to allow or reject the application for amendment in pleadings.
  • In the second part, the world shall give obligatory direction to the civil court to allow the application for amendment in pleadings if this amendment is necessary and mandatory for the purpose of determining the real questions in the dispute between the parties.

Why Court allows the Amendment of Pleadings?

The main object of the court to allow such an application for amendment in pleadings is to secure the ends of justice and prevent injustice to the other parties. And, also the court allows the application for the amendment in pleadings when the amendment is necessary for the purpose of determining the real questions in the controversy between the parties to the suit.

What if the Suit is Debarred by the Limitation Act?

The Supreme Court of India issued certain guidelines and stated that the court can reject the application for amendment in pleadings if it is debarred by the Limitation Act. But the court has the discretionary power to allow the application for amendment in pleadings to secure ends of justice. Delimitation can be ground for rejecting the application for the amendment but the court can allow it if the court thinks that the amendment of pleadings is necessary to settle the dispute between the parties. It was held in the case of L.J. Leach and Co. Ltd. v/s Jardine Skinner and Co.

In the case of South Konkan Distilleries and Anr. v/s Prabhakar Gajanan Naik and Ors., the Supreme Court stated that it is settled principle that the application for amendment in pleadings may be disallowed by the court if on the date of filing of the application it is debarred by the Limitation Act. But this does not mean that the court cannot allow the application for amendment in pleadings. For securing the interest of justice and coming to the end of justice the court has discretionary power to allow the application of amendment of pleadings.

What happens when the Applicant Fails to Amend the Pleadings within the Prescribed Time?

Order 6 rule 18 of the Civil Procedure Code, 1908, it is stated that "If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be unless the time is extended by the Court.

Therefore the provision under this rule states that when a party filed an application for amendment in pleadings and the same is allowed by the court through passing an order but the party failed to amend the pleadings within the prescribed time in the order of the court or in order the time is not prescribed within 14 days from the issuance of order then the party will not be permitted to amend the pleadings.

Can Amendment of Pleadings Delays Justice?

As we discussed, it is the discretionary power of the court to allow or reject the application for amendment of pleadings in the interest of justice but there are certain examples in civil cases to delay proceedings for their benefit and drag the proceedings indefinitely.

Therefore the civil courts must adhere to certain guidelines while allowing or rejecting the application for amendment of pleadings.

Doctrine of Relation Back in Amendment in Pleadings

When the party to the suit files an application for amendment in pleadings and the court allows the application of amendment through passing an order then it relates back to the date of the suit. But in the case of Sampath Kumar v/s Ayyakannu, it was held that in some special cases, the code can direct that amendment of pleadings will not relate back to the date of suit.

Frequently Asked Questions

What is meant by the amendment of pleadings?

Answer: The Provision related to the amendment of pleadings gives power to the civil court to allow parties to alter, amend or modify the pleadings at any stage of proceedings. Provision for amendment of pleadings has been stated in Order 6 Rule 17 of the Code of Civil Procedure.

What is the limitation period for the amendment in pleading?

Answer: Under the provisions of Article 58 of the Limitation Act, of 1963, the maximum period of limitation allowed is 3 years and thus, the action on the part of the respondents (plaintiffs) was clearly barred by the law of limitation.

Can a plaint be amended?

Answer: Yes! The Karnataka High Court has made it clear that a plaintiff's request for amendment of plaint can be considered even after the commencement of trial, in case the fundamental character of the suit is not changed and no prejudice is caused to the responding party.

What is Order 6 Rule 7 CPC?

Answer: No pleadings shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.

Conclusion

Amendment of pleadings has been provided under Order VI Rule 17 of the Civil Procedure Code, 1908.

Referred Books:

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