(97122, 7:26 PM ‘Amendment in pleadings — Ansari Solicitor Fim Amendment in pleadings Cos ere eer rs ‘What ie Pleading? ‘As per Onder Ral,“ shall man pin and writen statement, Object and Interpretation of Order Vrue 7. “The Provision rated to Amensoen of Pleading sve power tothe vi court tallow partes tater, amend or mol the leg a any sae of rosea Provision for Armendmont of pleadings hasbeen tated in Order 6 Rule ofthe Code of el procedure, Bu the court willalo amendment only his amendments ecesary to determine the controversy between the partis. The parposé ofthis provision eo promote ends tio nd oto deft he ave Purter, the Provision of Order 6 Ret tats that court will natal appiaton of amendment afer the tril ha ben commenced ules court comes to he conlusion ‘hat party didnot xs the relevant fics fore the commencement of the rial. This provision gives dacretionary power to the cart ta decide onthe application of pleadings ner the commencement ofthe Ti. An insttaion ofthe est snes for appiving for amendment of leading ‘Why court allows amendment of Pleadings? ‘The primary objective forthe our tallow pplication for Amendment of Pleadings isto secre the ends of the justice and prevent injustice to other parties. As, this ‘amendment is necessary forthe purpose of determining the real uesons is controversy between he partes. Amendments of pleadings help the partes to correct its tistakes inthe pleadings In the ase of Cropper v Smith reported in (4884) Lt. 26 Ch. D., 700 (710), the court sated thatthe objet behind amendment of| pleadings isto protect the rights ofthe parts and nt to punish thm forthe mistake made by them in the pleadings. ‘What can be amended in pleading? + Pant led by the lini + Witenstatomeats ed by the Defendant Amendment of Pleadings when granted Inthe caseof Kishan Das Vithoba Bachelor reported in 4 Ind Cas 726, the court stated that there are two necessary contions oho sts before ranting eave foramendaent of pleadings: 2: Thi grant ofleave should not ads tothe injustice tooter party. ‘This Amendment of pleadings ie necessary for determining the el question of controversy between pats, Other points on which Amendments of Pleadings is granted: + When the aplication of emendspentie fled to av multiply of sits, + When partis in the plat oe written statoments wrongly deseibed + When the plaintiff omits to add some properties to the plan Amendment of Pleadings when refused: 1. Appleton of amendnent of Pleadings ie reerted by the court when this amendment not necestry fr determining the real question of controversy between ats, 2. Allston of mendient of pleadings ejected when t ade othe introduction of totally new cise Inthe cise of the Modi Sp. Mills. Ladha Ramm fe sons ep‘tedin AIR 2002 SC 3369(3372) Supreme Cout held thatthe defendant cannot be allowed to change completly the ate made acetal peagraphs ofthe ‘wren saternent and subainteanealiely diferent and new exe’ {3 When the Paint or defers reghgent 44. When proposed alteration or adifcation unjust §5Apnlistion for Amendments of Plesing i refosed when twists the legal rights sae injutise o the other pars: {6 Lenve to amend is resed when it Ids to the nesclese complications inthe case, 2 Teaweto amend isrefased when there as been excessive delay bythe partis fling the sit 6 Appleton of Amendment is refed when changes the natre ofthe disputes. ‘9. The court wll not rant appiation of amendment of pleadings fit is made with mala ie intention, 10, Where several opportniis are gven to partis to apply fr amendment of pleadings. Hut the ald to make an application. (Can the pleadings be amended ifthe sult is debarred by the Limitation Act? Inthecaseof LJ. Leach & Co,Ltd v. Jardine Skinner & Co reported in (1976) 4 SCC 320(321): AIK 1977 SC 680, the Supreme Court stated thet court can decine the application of amendment of pleadings ifti dbarred bythe Litation Ac. But the cour has disretinary power tallow this application to secure ends of sto, Te ition canbe ground fr rejxing he applisaion bathe ou can llow ifthe cour thinks that amendment races. hitpsilansarsolictorfrm comiwp/2021/08/13/amendmentin-pleadings! 1"