Rule 1 Pleading

Rule 2 Pleading to state materials fact and not evidence

Rule 3 Forms of pleading- Appendix A
Rule 4 Particulars to be given where necessary- misrepresentation, fraud, undue
influence etc
Rule 5 Further or better statement, or particulars
Rule 6 Condition Precedent
Rule 7 Departure
Rule 8 Denial of Contract
Rule 9 Effect of document to be stated
Rule 10 Malice, Knowledge, etc
Rule 11 Notice
Rule 12 Implied Contract or relation
Rule 13 Presumptions of law
Rule 14 Pleadings to be signed
Rule 14A Address for service of notice
Rule 15 Verification of pleadings
Rule 16 Striking out pleadings
Rule 17 Amendment of pleadings
Rule 18 Failure to amend after order

Order VI Rule 16 Code of Civil Procedure :

16. Striking out pleadings – The Court may at any stage of the proceedings order to be
struck out or amended any matter in any pleading –
(a)  which may be unnecessary, scandalous, frivolous or vexatious, or
(b)  which may tend to prejudice, embarrass or delay the fair trial of the suit, or
(c)  which is otherwise an abuse of the process of the Court.”

It authorizes the Court to order that any matter in any pleading before it be struck out on the
grounds specified under clauses (a), (b) and (c). Each one of them is a distinct ground. For
example, clause (a) authorizes the Court to strike out the pleadings which may be (i)
unnecessary, (ii) scandalous, (iii) frivolous, (iv) vexatious. If a pleading or part of it is to be
struck out on the ground that it is unnecessary, the test to be applied is whether the allegation
contained in that pleading is relevant and essential to grant the relief sought. Allegations
which are unconnected with the relief sought in the proceeding fall under this category.
Similarly, if a pleading is to be struck out on the ground that it is scandalous, the Court must
first record its satisfaction that the pleading is scandalous in the legal sense and then enquire
whether such scandalous allegation is called for or necessary having regard to the nature of
the relief sought in the proceeding. The authority of the Court under clause (c) is much wider.
Obviously, such authority must be exercised with circumspection and on the basis of some
rational principles. The very purpose of the Rule is to ensure that parties to a legal proceeding
are entitled ex debito justitiae to have the case against them presented in an intelligible form
so that they may not be embarrassed in meeting the case.”– Hon’ble Justice J.
Chelameswar, Ajay Arjun Singh v. Sharadendu Tiwari, [Civil Appeal No. 8254 of 2016].

Order VI Rule 17 Code of Civil Procedure :

17. 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.

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.”

Before understanding amendment of pleadings, there is a need to explain what is Pleadings

and its Rule. Pleadings are the statements which are the backbone of every civil suit. No civil
suit will come into existence if there are no Pleadings. Pleadings have been defined under
Order 6 Rule 1 of CPC which states that Pleading shall be Plaint or Written Statements.
Plaint is the statements filed by the Plaintiff in a Civil Court to prove his claim whereas
Written statements are the statements defined in Order 8 Rule 1 of CPC which states that
defendant should file written statements in 30 days from the date of issuance of the summons.
Written statements are filed by the defendant for his defense.

In which stage of civil suit pleading can be amended?

The Provision related to Amendment of Pleadings gives power to the civil court to allow
parties to alter, amend or modify the pleadings at any stage of proceedings. Provision for
Amendment of pleadings has been stated in Order 6 Rule 17 of the Code of civil procedure.
But the court will allow amendment only if this amendment is necessary to determine the
controversy between the parties. The purpose of this provision is to promote ends of justice
and not to defeat the law.

The Proviso of Order 6 Rule 17 states that court will not allow application of amendment
after the trial has been commenced unless court comes to the conclusion that party did not
raise the relevant facts before the commencement of the trial. This proviso gives discretionary
power to the court to decide on the application of pleadings after the commencement of the
Trial. An institution of the suit is necessary for applying for amendment of pleadings.

This provision was deleted by the Civil Procedure (Amendment) Code, 1999. This omission
was made to ensure consistency in new changes in the civil code. But later, it was restored by
the Civil Procedure (Amendment) Code, 2000. This amendment has given power to the court
to allow application of the pleadings with some limitation.

In the case of Gurdial Singh v. Raj Kumar Aneja, the court stated that any person who is
applying for the amendment of pleadings should state that what is to be altered, amended or
modified in the original pleadings.

In the case of the Rajesh Kumar Aggarwal & Ors v. K.K. Modi & Ors,  the court stated that
Amendment of pleadings consists of two parts :

1. In the first part, the word ‘may’ gives discretionary power to the court to allow or
disallow application of pleadings.
2. In the second part, the word ‘shall’ gives obligatory direction to the civil court to
allow the application of pleadings if this amendment is necessary for the purpose
of determining the real questions in controversy between the parties.

Why court allows amendment of Pleadings?

The primary objective for the court to allow application for  Amendment of Pleadings is
secure the ends of the justice and prevent injustice to other parties. Also, this amendment is
necessary for the purpose of determining the real questions in controversy between the
parties.  Amendments of pleadings help the parties to correct its mistakes in the pleadings. In
the case of Cropper v. Smith, the court stated that the object behind amendment of pleadings
is to protect the rights of the parties and not to punish them for the mistake made by them in
the pleadings.

What can be amended in pleading?

1. Plaint filed by the Plaintiff

2. Written Statements filed by the Defendant 

Importance of the Doctrine of Relation back in Amendment of Pleadings

When the court allows the application of the Amendment of Pleadings then it relates back to
the date of suit. But in the case of Sampath Kumar v. Ayyakannu,  the court stated that in
some special cases, the court can direct that amendment of pleadings will not relate back to
the date of suit.

Amendment of Pleadings when granted:

In the case of Kishan Das  Vithoba Bachelor, the court stated that there are two necessary
conditions to be satisfied before granting leave for amendment of pleadings:

1. This grant of leave should not leads to the injustice to other party.
2. This Amendment of pleadings is necessary for determining the real question of
controversy between parties.

In the case of  Rajkumar Gurawara (Dead) Thr. L.Rs. vs S.K. Sarawagi And Co. Pvt. Ltd.
And Anr, the honorable Supreme Court stated certain conditions when amendments of
Pleadings can be allowed they are:

 When nature of the case will change by allowing application for amendment of
appeal
 When a new cause of action arise by allowing application of an amendment
 When Amendments of Pleadings defeats the law of limitation.
Other points on which Amendments of Pleadings is granted:

 When the application of amendment is filed to avoid multiplicity of suits.

 When parties in the plaint or written statements wrongfully described.
 When the plaintiff omits to add some properties to the plaint.

Amendment of Pleadings when refused:

1. Application of amendment of Pleadings is rejected by the court when this

amendment is not necessary for determining the real question of controversy
between parties.
2. Application of amendment of pleadings is rejected when it leads to the introduction
of a totally new case. In the case of the Modi Spg. Mills v. Ladha Ram &
sons7 Supreme Court held that “ the defendant cannot be allowed to change
completely the case made in certain paragraphs of the written statement and
substitute an entirely different and new case”.
3. When the Plaintiff or defendant is negligent
4. When proposed alteration or modification is unjust
5. Application for Amendments of Pleadings is refused when it violates the legal
rights or cause injustice to the other party
6. Leave to amend is refused when it leads to the needless complications in the case.
7. Leave to amend is refused when there has been excessive delay by the parties in
filing the suit.
8. Application of Amendment is refused when it changes the nature of the disputes
9. The court will not grant application of amendment of pleadings if it is made with
mala fide intention.
10. Where several opportunities are given to parties to apply for amendment of
pleadings. But they failed to make an application.

Step by Step procedure for filing an application for Amendment of Pleadings

Step 1 – Firstly the Plaintiff or Defendant who wants to amend its pleadings can write an
application for the  amendment of pleadings to the concerned civil court
Step 2 – After drafting the application applicant needs to produce the application before the
concerned civil judge.

Step 3 – He has to pay a required court fee under court fees Act, 1870.

Step 4- Applicant needs to tell the purpose of the alteration in his application.

Step 5 – Judge will read the application and if he thinks fit that this alteration or amendment
is necessary for the purpose of determining the real questions in controversy between the
parties Than he will grant permission for amendment for pleading.

Step 6 – After getting the order from the court, the applicant needs to file new pleadings
within the prescribed time and if no time has been prescribed by the court then he needs to
file it in 14 days from the date of order.

Step 7 – He also needs to give a copy of altered pleadings to the opposite party

Can the pleadings be amended if the suit is debarred by the Limitation Act

1. In the case of  L.J. Leach & Co. Ltd. v. Jardine Skinner & Co8, the Supreme Court
stated that court can decline the application of amendment of pleadings if it is
debarred by the Limitation Act. But the court has discretionary power to allow this
application to secure ends of justice. The limitation can be ground for rejecting the
application but the court can allow if the court thinks that amendment is necessary.
2. In the case of South Konkan Distilleries & Anr v. Prabhakar Gajanan Naik & Ors9,
the court stated that it is settled principle that court can disallow the application of
amendment if on the date of the filing of Application it is barred by the limitation.
But this not mean that court cannot order grant for Application. For securing the
interest of justice, the court has discretionary power to allow application of
amendment of pleading.
3. In the case of Pankaja & Anr v. Yellappa (D) by LRs & Ors10,  the court held that
there is no settled principle that which states that court can reject the application of
amendment if on the date of filing the application it is barred by limitation. The
court stated the discretion to allow or not to allow application depends on the
factual background of the case. If facts & circumstance of the case clearly
 establishes that this amendment is necessary to determine the cause of action and
to avoid further litigation then the court should allow this application.
4. In the case of Ragu Thilak D. John v. S. Rayappan11,  the court stated that it is
disputed fact that application of amendment will be allowed or not when it is
barred by the Limitation. But in many cases, the issue of limitation is made an
issue in the suit, In those cases, application of amendment is allowed for disposing
of the case.
5. In the case of Vishwambhar v. Laxminarayan12,  the court held that application for
amendment of Pleading is to the relate back to a filling of the date of application
not to the date of filing of the suit.  

Why Order 6 Rule 17 is been criticized?

 Application of the Amendments delays Justice. Arun Mohan, senior lawyer-author

of the book called “Justice, Courts, and delays” tells in his book that almost 80% of
the application for the amendment is filed with the sole objective of delaying the
proceedings.
 One of the big challenges faced by the Indian courts is the backlog of the cases.
Civil court is already burdened with lot many cases and amendment of pleadings
puts more burden on the civil courts
 Order 6 Rule 17 is the most misused law.
 It is a hindrance to speedy disposal of the matter
 It has more possibilities & chances of violation of legal rights of other side.
 Sometimes it is difficult to find the real question of controversy between parties
 The controversy between Amendment of proceedings and the Limitation is still not
settled. In different cases, there are different interpretations of this rule.
 Many applicants with the mala fide intention are filing the application for
amendment. It is not easy for the civil court to establish mala fide intention of the
parties.

What happens when an applicant fails to amend in a prescribed time?

Provisionon : Order VI Rule 18 Civil Procedure

 18. Failure to amend after order : If a party who has obtained an order for leave to
amend does not amend accordingly within the time limited for that purpose by the
order, or if no time is thereby limited then within fourteen days from the date of the
order, he shall not be permitted to amend after the expiration of such limited time
as aforesaid or of such fourteen days, as the case may be, unless the time is
extended by the Court.

Order VI rule 18 states that when a party had application for amendment and it is allowed by
the court through an order. But the party does not amend it within the time prescribed in the
order or if no time is prescribed, within the fourteen days from issuance of order then the
party will be not permitted to amend.

Conclusion

Pleadings are the backbone of every civil suit. Pleadings can be in Plaint or Written
Statements form. Amendment of pleadings means the alteration, modifications & amendment
in original pleadings by an application to the court. For avoiding multiplicity of suits, the
court allows application of the amendment of pleadings. But it is true that the amendment of
pleadings is a major reason for the delay in the justice. The court should allow applications
for an amendment which is made in good faith and determine the real question of controversy
between the parties. The court should not allow an application which is made with the mala
fide intention or to delay the proceedings. Amendments of Pleadings is a good law to correct
mistakes in pleadings but it should be allowed with due care and diligence.