Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

Civil Procedure Code (V of 1908)-------O.VI, R.17---Amendment of pleadings---Essentials---Amendment in pleadings can be effected at any stage of proceedings provided same was just and necessary for purpose of determining real question in controversy between the parties---Object of O.VI, R.17, C.P.C. is that if amendment was sought for purpose of determining real controversy, same should be allowed provided other party was not prejudiced---Court has discretion in such matters which must be exercised in accordance with judicial principles, to avoid multiplicity of suits and to advance ends of justice---Amendment in pleadings must be allowed where party seeking amendment had acted in go-d faith but should be refused where application was mala fide and it tended to convert character of suit---Where it was just and necessary, even alternative plea could also be allowed to be raised or new ground or plea could be introduced---Introduction of fresh matter would not alter nature of suit---Principle applying to application for amendment of plaint can also be applied to written statement---Defendant, however, should not be allowed to make out altogether a new case or defendant having admitted a fact in written statement, could not be allowed to make out a new case by denying that fact---Defendant seeking amendment of written statement can be deemed to have raised new plea but cannot be regarded to have taken altogether a new stand, therefore, dismissal of his application by Trial Court for amendment of written statement was not maintainable---Amendment of written statement was allowed in circumstances. ORDER This revision petition has been filed against the order of Additional Sub-Judge, Kotli, passed on May 29, 1995, whereby, the amendment in the written statement was disallowed to the defendant-petitioners. 2. The facts forming the background of this revision petition are that two suits, one by Hokum Dad son of Sattar Din against Muhammad Sadiq s/o Dilawar, predecessor-in-interest of respondents Nos. l to 5, for declaration and permanent injunction, and the other by Muhammad Sadiq son of Dilawar, predecessor-in-interest of respondents Nos. l to 5, against Nazar…

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