KALABATI DEVI vs BIMLA DEVI AGARWAL

Aggrieved of order dated 21.09.2010 passed in Title Suit No.15 of 1992 by which application for amendment in the plaint has been allowed, the

defendants have approached this Court.

Impugned order dated 21.09.2010 would indicate that the application for amendment was filed before the evidence of the plaintiffs had started.

Order VI Rule 17 CPC confers wide powers upon the court to permit amendment in the pleadings. By now it is well-settled that amendment in the

pleadings can be allowed at any stage of the suit, even at the stage of final hearing in the suit. Proviso to Order VI Rule 17 CPC, however, puts

restriction on the power of the court to permit amendment in the pleadings. It provides that amendment in the pleadings shall not be permitted after

trial in the suit has commenced, however, even to the restriction imposed under proviso to Order VI Rule 17 CPC exceptions have been carved out

through judicial pronouncements. The bar under proviso to Order VI Rule 17 CPC is not attracted in this case, for the trial in the suit has not

commenced. In the application for amendment the plaintiff has sought permission to correct plot number and khata number in the suit scheduled

properties along with addition of paragraph no.21 (ia) in the relief portion and to incorporate paragraph nos.17 (a) and 17(b) which are subsequent

developments after institution of the suit.

In view of the facts pleaded by the parties and the law on the subject, I find no infirmity in the impugned order dated 21.09.2010, and accordingly

the writ petition is dismissed.

Interim order dated 11.01.2011 stands vacated.

Let a copy of this order be transmitted to the trial court forthwith through 'Fax'.

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