DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY, LUCKNOW

DRAFTING PLEADING AND CONVEYANCING

Synopsis

On

Grounds for refusal of amendment

2020
Introduction
Pleadings are statements in writing delivered by each party alternately to his opponent, stating
what his contentions will be at the trial, giving all such details as his opponent needs to know
in order to prepare his case in answer. It is an essential requirement of pleading that material
fact and necessary particulars must be stated in the pleadings and the decisions cannot be based
on grounds outside the pleadings. But many a time the party may find it necessary to amend
his pleadings before or during the trial of the case. Rule 17 of Order VI deals with the
provision of amendment of the plaint.
Amendment of pleadings is basically for the purpose of bringing about final adjudication in a
suit and to avoid multiplicity of proceedings. It is in the interest of justice that a suit shall be
decided on all points of controversy and accordingly, it is needed that the party shall be
allowed to alter or amend their pleadings during the pendency of the suit. There can be a
situation where there is change of circumstances in the course of pendency of a proceeding and
if a matter in issue arises upon such change of circumstance, then amendment becomes
necessary.
It is true that courts have very wide discretion in the matter of amendment of pleadings. But the
wider the discretion, the greater is the possibility of its abuse. Ultimately it is a legal power and
no legal power can be exercised improperly, unreasonably or arbitrarily. Hence the Code of
Civil Procedure lays down the grounds for refusal in amendment.

Method of research:

This study is mainly result of doctrinal method of research. The facts and information
available have been analysed to make a critical evaluation. It includes references from
books, case studies, studies of various renowned authors, researchers, articles and web
pages.

CONCLUSION
It can be concluded that the amendment of pleading is necessary to avoid multiplicity of civil
suits. But, the court cannot grant the leave of amendment at its whims and fancies. There has
to
be certain criterion for granting or refusing the leave, which has been laid down in case laws.

Bibliography
http://www.legalblog.in/2011/08/amendment-of-pleadings-broad-principles.html

Code of Civil Procedure by Y.P. Bhagat and Kumar Keshav

Textbook on Pleading, Drafting and Conveyance by Dr. A.B. Kafaltiya

Websites:

www.indianlawjournal.com
www.dnaindia.com
www.indialawyers.com
www.indiankanoon.org
www.lawyersclubindia.com
www.lawteacher.net
https://heinonline.org/HOL/Page?
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