The Law On Amendment Of Pleadings In Civil Suits

I. OVERVIEW:

Order VI Rules 17 of the Code of Civil Procedure, 1908 (the 'Civil Procedure Code') forms the cornerstone of the law on the amendment of pleadings. The said rule is reproduced below for your reference:

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, and all such amendments shall be made as may be necessary for the purpose of determining the 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 in spite of due diligence, the party could not have raised the matter before the commencement of trial