Law: Civil Procedure Code (V of 1908)

Section: 100

  Civil Procedure Code (V of 1908)-- ---0.    VI,    R.17    &    5.100---Second appeal---Amendment of pleadings in second appeal---Essentials---Procedure enshrined in provision of R.17, Order VI, Civil Procedure Code, empowers the Court to allow amendment of pleadings on such terms as it considers just---Spirit of law appears, to be, that actual controversy between the parties is decided finally so that litigation is put to an end---Rules of procedure were framed to advance the cause of administration of justice and that justice should not be denied to a party by adhering to technicalities of rules of procedure; rather, technicalities of procedure must clear the passage for advancement of justice---No definite stage of proceedings, for allowing amendment of pleadings has thus been prescribed---Restrictions on allowing an amendment were that the proposed amendment should not change the nature or character of the suit or cause of action, or it should not hamper the accrued rights of the opposite party---1n absence of either of those conditions, Court should be in favour of liberal attitude in allowing amendment of pleadings. AIR 1976 Orissa 216; AIR 1927 All. 791(2); AIR 1927 Mad. 791; AIR 1929 Mad. 349; AIR 1929 Bom. 114; AIR 1926 Cal. 665; AIR 1921 Lah. 284; AIR 1921 Mad. 636; AIR 1921 Oudh 248; 1909 IC 618 and 1916 IC 740 ref. Muhammad Sulaiman's case PLD 1985 SC (AJK) 1 and Muhammad Iqbal's case PLD 1987 Azad J & K 170 rel.     Civil Procedure Code (V of 1908)-- ---0. VI, R.17 & S. 100---Raising a new plea in second appeal and amendment of pleadings to include                                                         alternate claim/relief---Distinction---Effect. Raising a new plea in second appeal is different from seeking amendment of pleadings to include alternate claim or relief in the…