Manupatra essay writing competition 2010

In the light of the said contention, we have carefully perused the agreement for sale dated Amendment of pleadings - The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Shekhar Naphade, learned senior counsel for the appellant, after taking us through the agreement for sale dated Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Sub-rule 2 of Rule 2 makes it clear that every pleading shall be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph.

Order VI Rule 2 of the Code of Civil Procedure, hereinafter referred to as "the Code" makes it clear that every pleading shall contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence but not the evidence by which they are to be proved.

We have already pointed out that the learned single Judge himself has agreed with the objection as to proposed defendant Nos.

On critically analysing both the English and Indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment: The purpose and object of Order VI Rule 17 of the Code is to allow either party to alter or amend his pleadings in such manner and on such terms as may be just.

In paragraph 63, it concluded as follows: It is settled law that the grant of application for amendment be subject to certain conditions, namely, i when the nature of it is changed by permitting amendment; ii when the amendment would result in introducing new cause of action and intends to prejudice the other party; iii when allowing amendment application defeats the law of limitation These are only illustrative and not exhaustive.

Normally, amendments are allowed in the pleadings to avoid multiplicity of litigations. While referring to previous judgments passed by the Supreme Court, it was held as under; 6.

Liberal approach should be the general rule particularly, in cases where the other side can be compensated with costs. Order VI Rule 17 of the Code enables the parties to make amendment of the plaint which reads as under; " It is clear that while deciding the application for amendment ordinarily the Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments.

These are some of the important factors which may be kept in mind while dealing with application filed under Order 6 Rule Order I Rule 1 of the Code speaks about who may be joined in a suit as plaintiffs.

Amendment cannot be claimed as a matter of right and under all circumstances, but the Courts while deciding such prayers should not adopt a hyper-technical approach. Sub- rule 3 of Rule 2 mandates that dates, sums and numbers shall be expressed in a pleading in figures as well as in words.

In paragraph 18, this Court held as under: Sathasivam Supreme Court of India We have already dealt with similar posts on the principles to be kept in mind for amending the pleadings.The Legal Aid Centre also aims to provide legal literacy by organizing Legal Education Camps and other related programs in various sections of the society.

6. Order VI Rule 2 of the Code of Civil Procedure, (hereinafter referred to as "the Code") makes it clear that every pleading shall contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence but not the evidence by which they are to be proved.

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Manupatra essay writing competition 2010
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