Source: Patna High Court

Why in News?

Recently, the Patna High Court has held that in its deliberation on the proviso to Order VI Rule 17 of the Civil Procedure Code, 1908 (CPC), the defendant is barred from belatedly amending pleadings to fill up lacunae when confronted with the document recorded in evidence.

• The aforesaid observation was made in the matter of Shibjee Pd. Singh v. Manju Devi & Ors.

What was the Background of Shibjee Pd. Singh v. Manju Devi & Ors. Case?

• In this case, the plaintiff initiated a Title Suit, to which the defendant responded by submitting a written statement.
• The basis of the suit was an agreement of sale.
• The agreement to sale, put up before him during cross examination, was different from the document that he had executed earlier, the defendant moved an application under Order VI Rule 17 of CPC for amendment of his written statement.
• The learned Sub Judge dismissed the application filed under Order VI Rule 17 of CPC.
• Thereafter, a petition was filed before the Patna High Court for quashing the order passed by learned Sub Judge.
• The High Court dismissed the petition.

What were the Court’s Observations?

• Justice Arun Kumar Jha observed that if certain document has come during the evidence being recorded for the defendants and the defendants are confronted with the same, it does not give right to the defendants to amend their pleadings in order to fill up the lacunae in his case.
• It was further stated that the amendment has been moved at quite a belated stage and proviso to Order VI Rule 17 clearly bars such amendment after commencement of trial and when no due diligence has been shown.

What is Order VI Rule 17 of CPC?

Order VI of CPC

About:

• Order VI of CPC deals with pleading in general.
• Pleading shall mean plaint or written statement.

Pleadings:

• Pleadings are statements in writing delivered by each party alternately to his opponent, stating what his contentions will be at the trial, giving all such details as his opponent needs to know in order to prepare his case in answer.
• It is an essential requirement of pleading that material fact and necessary particulars must be stated in the pleadings and the decisions cannot be based on the grounds outside the pleadings.

Rule 17:

• This rule deals with the amendment of pleadings.
• It states that 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
• The object of Rule 17 is to minimize the litigation, minimize the delay and to avoid multiplicity of suits.