ATAL BIHARI VAJPAYEE SCHOOL OF

LEGAL STUDIES

CHHATRAPATI SHAHU JI MAHARAJ

UNIVERSITY

BBA LLB Honours- 504

Civil Procedure Code- I Assignment

(TOPIC:- PLEADINGS- Order VI )

Submitted To: - Submitted By:-

Mr. Divyansh Shukla Shubhi Pandey
Assistant Professor BBA LLB (Hons.)
Department of law CSJMU
 INTRODUCTION
A civil suit must be instituted with a pleading and the main area of conflict shall be determined via
pleadings. Moreover, the parties must limit their claims and submit their documents that are mentioned in
pleadings. Therefore, Pleadings must be dealt with care, pleadings are the seed of a civil suit which will
grow and bring the fruit with the help of justice.

PLEADINGS

The party who institute a civil suit present his claim by a written document known as a “plaint” and the
party is called plaintiff, on the other hand, the other party submit reply via another written document to
accept or deny the claims of the plaintiff which is known as “written statement” and that party is
known as a “defendant” so it can be said that both of the party parties plead on their point to establish or
defend the claim. Both these, plaint and written statement are called Pleadings, it is a common name
for both of these terms.

A pleadings is a very important part of civil procedure. It contains the necessary elements that are
required to initiate and run a civil trial.

General rules of pleadings are mentioned under Order 6 & Rule 1of the Code of Civil Procedure,
1908. It must be pointed that more specific rules are given for both plaint and written statement under
order 7 and 8 accordingly.

ELEMENTS OF PLEADINGS

► Both plaint and written statement are pleadings [Order VI, Rule 1]

► Every pleadings shall contain the statement of material fact which is necessary for the claim or
defence it should not include evidence. [Order VI, Rule 2]

► The date, sums and numbers shall be expressed in figures. [Order VI, Rule 2]

► No pleadings shall raise any new ground or claim or any fact that is inconsistent with the previous
pleadings except by the way of amendment of pleadings. [Order VI, Rule 7]
► Every pleadings shall be signed by the party and his pleader if a party fails to do so due to absence or
any other good reason, it might be signed by a duly authorized person by that party.[Order VI, Rule 14]

► Every pleading shall contain a verification at the end part of the pleadings by the party or some other
person who is acquainted with the fact of the case. [Order VI, Rule 15]

AMENDMENT OF PLEADINGS

A pleadings could go wrong for various reason, at that situation a pleadings requires an amendment to
serve its purpose. The term amendment of pleadings is very self-explanatory, in certain situation, a
pleadings may need an amendment to serve its purpose. This amendment is called the amendment of
pleadings.

The concerned party can apply for an amendment of pleadings to the court to add, subtract or correct the
pleadings. The parties require an amendment of pleadings can ask for order via application of amendment
and the court shall consider their application based on the law, principals and decision of cases.

TYPES OF THE AMENDMENT

Pleadings can be amended in two particular situations:-

1.) Sue moto court order under Order VI, Rule 16

2.) On the basis of an application by any party under Order VI, Rule 17

Compulsory amendment by Sue moto court order

The court itself may at any stage of the proceedings order for striking out any pleadings or for amending
any pleadings on the ground that :-

(a) it is unnecessary or scandalous,

(b) it is prejudicial or embarrassing,
(c) it major delay the fair trial of the suit.

In such order, parties are bound to follow the court order, therefore it is called a compulsory
amendment.
Voluntary amendment by a party

When we mention amendment of pleading generally we indicate this voluntary amendment of pleadings
by a party. [Hereinafter mentioned as “Amendment of pleadings”]

Need of an amendment of pleadings

Generally, any party must be confined to the documents and facts presented before the court but in some
cases, there could be some mistake or inadvertence or subsequent development that may make some
problem to the way of justice, in such situation the amendment of pleading is required to ensure the
justice and remove those obstacles. But In Rule 7 of Order VI provided that parties shall be prevented
from raising new grounds or claims or making new cases except by amendment.

Rule 17 of order VI deals with the amendment of pleadings;

It reads, 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 and search terms as just
and all such amendment 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 is of opinion that in spite of due diligence, the party could not have raised the matter before the
commencement of trial.

Provided further that, if an application for amendment is made after the trial has commenced and the
Court is of opinion that the application is made to delay the proceedings, the Court shall make an order
for the payment to the objector such cost by way of compensation as it thinks fit.

It must be noted that the real question of controversy has not been defined in the law, for that some case
laws provide help. Based on the number of established case laws we can create a list when and for what
reason can be allowed or not allowed.
When an amendment can be allowed :-

► to determine the real question of controversy,

► to avoid multiplicity of the suit,

► to add parties and add schedules,

► to add an alternative claim or relief or an alternative defence,

► to adjudicate and settle all controversies between the parties completely and effectively,

► to correct misdescription of the property mentioned in the pleadings or to correct the address of the
property,

►to add for the relief it is found to be necessary

► to remove any defects in the nature of signing off the plaint and verification

Amendment of pleadings when not to be allowed

● if plaintiff’s suit wholly displaced by amendment,

● if amendment takes away the right acquired by time,

● if amendment introduced different or new or inconsistent suit,

● If it changes is the nature and character of the suit,

● when the amendment causes prejudice to other parties,

● when the claims are barred by law or time

● if it is made for unusual delay

● if it is not bonafide

● if such amendment is not necessary at all.

Can an amendment be acceptable when the nature of the suit is changed?

It is a well-established principle that an amendment which changed the nature of the suit should not be
allowed. It is held in Abdul Motaleb vs. Ershad Ali, 1998 BLD (AD) 121 but the question remains
when it can be said that the nature of suit is changed in that matter the appellate division observed that
the nature and corrector of the suit do not change so long as fundamental character of the suit remains the
same.

In another case, NMC Model High School vs. Obidur Rahman, 31 DLR (AD) 133, the apex court held
that unless the other party is prejudiced an amendment should be allowed even if the changes the nature
and character of the suit or introduce a new case or even if it takes away any right accrued to the other
parties if the interest of the justice so requires or if it is found to be necessary to determine the real issues
and controversies between the parties. This observation is later supported by a number of other
judgments.

Therefore, it can be said that, all amendments ought to be allowed which satisfy two conditions
● It is not prejudiced to the other party.
● It is necessary to determine the real question in controversy between the party.

When or at what stage an amendment of pleadings can be accepted?

Rule 17 of order VI clearly stated that pleadings can be amended at any stage of the proceedings that
means when there is a sufficient cause an amendment would be done with the permission of the court,
thus, it can be said that an amendment of pleadings can be held in any stage of the suit.

Amendment at the appeal stage

Now there is a common question that, whether an amendment can be held after the judgement or at the
Appellate stage or not?

The answer is, “yes”, an amendment may also be allowed at appellate state because our legal reference
Rule 17 of Order VI mentioned that, “The Court may at any stage of the proceedings allow either party to
alter or amend his pleadings..” and an appeal is the continuation of a suit as mentioned under Garikapati
Veeraya vs N. Subbiah Chaudhry, AIR 1957 SC 540, therefore, an amendment of pleadings can also
be allowed at the appellate stage.
Some other case reference made it direct and more clear, in Keramot Ali Vs. Muhammad Yunus 15
DLR (1963) 120 held that the court may grant application of amendment of pleadings at or after the trial
or in the appeal or revision or in the appellate division or even at the execution process.

In another case Bimal vs. custodian [42 DLR 227] it was held that amendment of pleadings is
permissible for determination the real question between the parties but there are also some situation when
the amendment of pleadings is not permissible. These situations are best presented by the case Municipal
committee vs. Rafiq [25 DLR 97] held that prayers at amendment at appellate stage should not be
allowed if it is not bonafide, in therefor an appeal without good faith can be rejected if not in good faith.
Moreover, the general provision regarding amendment of pleadings shall also be applicable in such case.

But in the proviso of Rule 17 of Order VI it warned that, no application for amendment shall be allowed
after the trial has commenced, unless the Court is of opinion that in spite of due diligence, the party could
not have raised the matter before the commencement of trial. Moreover, it provided further that, if the
court thinks that the party applied for amendment is doing it to delay the proceedings the court may order
for compensation to the objector.