Order 6 Rule 17 of the Civil Procedure Code deals with amendments to the pleadings, which include a plaint filed in a civil suit. This Rule is as under:
“17. Amendment of pleadings.— The Court may at any stage of the proceedings allow either party to alter or amend his pleading 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.”
It should be clear from this Rule that the Court has the power to allow amendment of the pleadings at any stage of the proceedings.
Moreover, it is pertinent to point out that no period of limitation has been prescribed either under the Civil Procedure Code or the Limitation Act for making an application for amendment of the pleadings, such as in the plaint.
In view of the above, it should be clear that there is no limitation period for moving an application for amendment in the plaint, and you can move this application for amendment even one and half year after filing of the plaint. Of course, the proposed amendments in the plaint must meet the requirements of “…as may be necessary for the purpose of determining the real questions in controversy between the parties” and other requirements of the law so that the court can exercise its discretion of allowing the amendment of the plaint in favour of you.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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