CASE BRIEF

CASE NAME AND CASE LAW:

M. Revanna Vs. Anjanamma(Dead) by Lrs. And Ors.; (Order VI
Rule 17 of Civil Procedure Code,1908)
FACTS:
This case deals with the explanation as to when and on what
considerations an application for an amendment of pleadings
under Order VI Rule 17 CPC, filed after the commencement of
trial, could be allowed. The court observed that, while dealing with
such application, the courts have to consider whether the above
said application is bonafide or malafide and also, whether
allowing such an application causes such prejudice to other side
which cannot be compensated adequately in terms of money.
ISSUE:
Whether an amendment of pleadings allowed after the
commencement of trial?
JUDGEMENT:
The Hon’ble Supreme Court on 14th February, 2019, by a two
judge bench of J. N V Ramana and J. M M Shantanagoudar
pronounced the judgement that usually amendment of pleadings
is not allowed after the commencement of trial but if in an
exceptional case, the court is convinced by the plea, it can allow
the amendment of pleadings even after the commencement of the
trial.