Amendment of Pleadings under CPC

Introduction:

Amendment of pleadings is an application used for the motive to bring the final adjudication in a suit to an end and also to avoid multiple proceedings for a single case. This law can be a change of substantive law applied either retrospectively or prospectively[1]. If the case is in relation to the prospective change, then the plan of action that will be used for the case does not change and the normal law applies, but if the case is with respect to retrospective change, amendments might be required and need to be allowed. If the case is a change of procedural law, then the pleadings are not allowed but the court takes a note if there is a procedural change t it.

What is Pleading

Pleading is clearly defined under Order 6 Rule 1 of CPC[2], which expresses that a pleading is intended to be in a plaint or written statements form. A plaint is a declaration or the statements that are filed by the appellant in the civil court to prove his claim and ask for the benefit[3]. Written statements are the declaration or the statements defined in Order 8 Rule 1 of CPC[4], which defines that accused should file statements in the written form in 30 days from the date of promulgation of the complainants and these statements are filed by the accused for his defence.

Although, the plaint is not defined anywhere in CPC, but pleadings from appellant under civil suit should initiate the pleadings which should properly be drafted and should not contain any blurry, vague, unclear or unambiguous statements. Pleadings are a type of facts, through which an appellant defines the plan of action of a case in a plaint and the accused establishes his defence in a civil suit in the written form.

Rules of Pleadings for a Valid Application

1. Pleadings are just the mere facts of the case that is filed, and it should not contain any type of law to be defined into it. Just the court has the power to apply any law on the defined facts as required.
2. Parties involved in the case should not include unimportant and irrelevant facts in the application of the pleadings.
3. Parties involved in the case should not provide any proof in the pleading’s application.
4. Pleadings’ application should contain the facts in brief and the parties should resist using immaterial statements which are not required while making the plaint.

Amendment of Pleadings

Amendment of Pleadings is described in Order 6 Rule 17, CPC, 1908. It describes that the courts at any phase of the proceedings of the application can permit either party to amend or change the pleadings which must be just and legal and all those amendments made may be mandatory for the motive to determine real questions of contention between the two parties. It is also provided that there shall be no application allowed once the trial begins and reached till final inference that in spite of due thoroughness and diligence by the parties, they were not able to raise the matter before the beginning of the trail.

Stages where Pleadings can be Amended

1. Amendment of pleadings provides power to the civil court to allow the parties to alter, modify or amend the pleadings at any point of the proceedings, but only upon the discretion of the court.
2. The amendments stated by the parties will be overlooked by the court and will be permitted only if the civil court feels that it is required to do so in order to determine the contention between the two parties. This is done to promote justice at both ends and not just to defeat the law.
3. The court will not permit the application of amendment of pleadings once the trial commences and until the court reaches to a decision that party with due diligence could not raise the apt facts for the provided case before the beginning of the trial.
4. It also provides a discretionary power to the civil court to decide on the plea of the pleadings after the trial for the case is commenced. A suit needs to be instituted for applying the amendment of pleadings.
5. There was an omission made in the Code, in order to ensure stability and consistency and integrity in the new code.
6. But then, that omitted code was restored back and then gave power to the civil court to permit application of the pleadings with some limitations.

When the Amendment of Pleadings be Refused

1. The application of amendment of pleadings can be revoked by the court when the court feels that the amendment mentioned is not compulsory and is not required for determining the question of contention between both the parties.
2. It can also be rejected when the amendment in the application leads to a completely new case.
3. It is rejected when the appellant or the accused is found negligent with the description of the facts.
4. It can also be rejected when the alteration or the modification that is suggested is unjust and not appropriate.
5. It is rejected when it is found that the amendment is infringing the legal rights or is causing injustice to the other party involved in the case.
6. It can also be refused if it causes difficulties in the case which are pointless, thereby making the case complicated.
7. It is refused when the parties detain themselves in filing the suit.
8. The amendment of pleadings’ application is revoked when it changes the nature of the disputes that were filed in the original application.
9. The court can also refuse the application of pleadings if it is done with a mala fide and a bad intension and to gain benefit from that intension.
10. The application for amendment of pleadings is also refused when the parties are provided with several opportunities to appeal for the amendment of pleadings but they fail to put the application.

Case Laws

1. Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Ors[5]

In this case, the court expressed that the amendment of pleadings is divided into two parts:

• The first part consists of the word “may”, which gives the discretionary power to the civil court to permit or disallow the application submitted for pleadings.
• The second part consists of the word “shall” which gives a mandatory direction to the civil court to permit the application that is given for pleadings, taking into account only if the amendment is required and is necessary for determining the questions involved in the contention between both the parties.

2. Gurdial Singh v. Raj Kumar Aneja[6]

In this case, the court expressed that any person whoever applies for the application of pleadings needs to state what is required to be changed, amended or modified in the given original proceedings.

3. Rajkumar Gurawara (Dead) Thr. L.Rs. vs S.K. Sarawagi And Co. Pvt. Ltd. And Anr

In this case, the court expressed some conditions when the amendments of pleadings’ application are allowed in the court:

• When the essence of the case changes completely by allowing the application made for the amendments of appeal.
• When on allowing the application, the new plan of action arises from the amendment.
• When the application for amendments of pleadings is defeating the law of limitation.

The other points that were stated on which the application for amendment of pleadings was granted was:

• When the application so filed for the amendment of pleadings is filed in order to avoid multiplicity and a high range of the suits.
• When in the application submitted for the amendment of pleadings, have the parties wrongly described (plaint or written statements).
• When in the application for the amendment of pleadings, the appellant fails to add some properties to the plaint.

4. Modi Spg. Mills v. Ladha Ram & sons[7]

In this case, the Supreme Court expressed that the defendant, in any case, won’t be allowed to change the case completely that is made in some paragraphs in the written form and substituting it with a completely different and a new case. Thus, in this case, the amendment of pleadings was refused.

5. L.J. Leach & Co. Ltd. v. Jardine Skinner & Co[8]

In this case, the Supreme Court expressed that the civil court can reject or refuse the application that is filed for the amendment of pleadings if it is excluded by the limitation act. But the court upon its own discretionary power can allow the application of the pleading to sustain in order to secure justice at both ends. The limitations can be on the grounds that rejects the application but the court can permit it if the court feels that it is required to do.

6. South Konkan Distilleries & Anr v. Prabhakar Gajanan Naik & Ors[9]

In this case, the court expressed that it has the right to dismiss the application of amendment if on the date on which it was filed, was ruled out of the limitation act, but the court can order grants for the application. The court has its own discretionary powers to permit the application for the amendment of the pleadings to secure the interests of the parties.

Conclusion

Pleadings under CPC are considered to be the main spine of every civil suit that is filed. The pleadings that are filed can be in the plaint or written statements form. Amendments of pleadings mean that the application can be altered, modified, and changes in the original pleadings by the application to the courts can be made. In order to prevent the multiplicity of the suits, the courts allow the parties to file an application for the amendments of pleadings. But in certain situations, like if the application is filed with mala fide and a bad intension or if it is ruled out by the limitation act, the civil court has the power to refuse it but also has the discretionary power to permit it if it is found obligatory to know the questions of contention between both the parties. Hence, pleadings are a law to correct mistakes but it is allowed only if it is done with due care, custody and diligence, else it is refused.

---

References:

[1] https://articlesonlaw.wordpress.com/2016/04/12/the-law-on-amendment-of-pleadings/

[2] “Pleading” shall mean plaint or written statement.

[3] https://taxguru.in/corporate-law/amendment-pleadings-order-vi-rule-17-cpc-1908.html#:~:text=Provision%20for%20Amendment%20of%20pleadings,not%20to%20defeat%20the%20law.

[4] The defendant shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence.

[5] AIR 2002 SC 1003 (1010) :(2002) 2 SCC 445.

[6] Order VI, Rule 17 Code of Civil Procedure, 1908

[7] AIR 2002 SC 3369(3372)

[8] (1976) 4 SCC 320(321): AIR 1977 SC 680.

[9] AIR 1957 SC 357