Name.

Aimal Khan
F Name.
Sher Bahadar khan
Semester
7th
Submitted to
Dr Ilyas khan
Assignment topic
Amendment of pleading

INTRODUCTION
Law provides every possible means to ascertain the legal right of everyone. Sometimes a party

brings pleadings with certain informal errors, or some facts are not shown or some relief is not

sought, in these situations the law makers has provided the mechanism that in-order to bring the

parties to real controversy they would have a right to amend their pleadings at any stage of the

trial and before pronouncement of judgment. Order 6 Rules 16 and 17 are provided in CPC under

which without changing or modifying the nature of suit a person could amend his pleadings

subject to certain restriction imposed by law. Before understanding amendment of pleadings

there is a need to understand what is pleadings and its rules. 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 six rule1 of CPC which states that pleading

shall mean plaint and written statement.

Relevant Provisions:

→ Order 6 Rules 16 and 17 of CPC. According to Order-6 Rule 16, the Court may at any stage

of the proceedings order to be struck out or amended any matter in any pleading which may be

unnecessary or scandalous or which may tend to prejudice, embarrass or delay the fair trial of the

suit.

According to Order-6 Rule 17, 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

Objects of Pleadings

The objects of pleading can be

enlisted as follows:

1. To taper down the broad issues on which dispute arose to a narrow and common issue.

2. To avoid sudden and astonishing facts from emerging in the proceeding and causing

travesty of justice.

3. To render judicial

proceedings inexpensive, less cumbersome and approachable.

4. To protect the valuable time

of people that is wasted in framing arguments after every hearing.

 5. To eliminate irrelevant facts and materials that will waste the time of the court.

6. To aid the court in reaching to a fruitful conclusion.

Amendment means:

The word amend means correction, removal of error or addition of some necessary facts, thus

amendment of pleading means correction of any error, addition of necessary facts, deletion of

unnecessary facts or removal of ambiguity in plaint or written statement.

PLEADINGS
Pleadings are statements in writing delivered by each party alternatively to his opponent, stating

what his contention will be at trial, giving all such details as his opponent needs to know

in order to respond to the suit .

It is essential requirement of
pleadings that material facts and
necessary particulars must be
stated in the pleadings and
decision cannot be on the
grounds outside the pleadings
.But any of the parties may find
it necessary to amend his
pleadings before or during the
trial of the case . Rule 17 of
order 6 of CPC deals with
amendment of plant.
Pleadings should be drafted
properly and it should not
contains any vogue or
unambiguous statement.
Pleadings are those material
facts which help plaintiff to
establish his cause of action and
defendant to establish his
defense in a civil suit

Amendment of Pleadings
Amendment of pleadings is
basically for the purpose of
bringing about final
adjudication in a suit and to
avoid multiplicity of
proceedings. It is in the interest
of justice that a suit shall be
decided on all points of
controversy and accordingly, it
is needed that the party shall be
allowed to alter or amend their
pleadings during the pendency
of the suit. There can be a
situation where there is change
of circumstances in the course
of pendency of a proceeding and
if a matter in issue arises upon
such change of circumstance,
then amendment become
necessary.
Amendment of pleadings is
provided under order 6 rule 17
of the code of civil procedure
1908. According to order 6 rule
17 of the code , the court may at
any stage of pleadings allow
both the parties 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
question in controversy between
the parties. Provide that no
application for amendment shall
be made 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
trail .
It is clear from reading of order
y rule 17 of CPC that its
comprises of two parts , first
part being discretionary a d the
being imperative. The first part
allows the court to apply its
discretion while ordering
amendment of pleadings
whereas the second part enjoins
the court to allow all necessary
amendments for the purpose of
determining the real issue in the
controversy in the suit. Provided
that it does not cause any
prejudice or injustice to the
other party .
When application for amendment of pleadings may be filed?

Before passing of final

decree/judgment of the Court,
the parties can apply before the
trial Court for amendment in
pleadings, and the Court is duty
bound to allow the parties to
bring change in their pleadings
to some extent for the ends of
justice and for determining the
real question in controversy
between the parties. Delay,
negligence or carelessness is no
ground to refuse amendment.
The word any stage means any
time during Court proceedings
and proceedings include the
process of adjudication of
appeal/revision and up to the
Supreme Court. Meaning
thereby amendment in the
pleadings can be sought even
from the Supreme Court, when
the Supreme
2 .Court is hearing appeal under
Article 185 of the Constitution
of Pakistan while exercising its
appellate jurisdiction.

 Application in forma pauperis:-

Amendment sought in

schedule of application. Trial

Court disallowing

amendment in such

application. Effect.

Amendment in schedule of

application pertaining to

property was being sought by

petitioner without there being

any objection from the other

 side. Trial Court ought to

have allowed such

amendment before f9ing case

for decision whether

application in forma pauperis

was to be allowed or rejected

in terms of 0.20171 C.P.C.

Trial Court was directed to

allow amendment as refusal

would be illogical and

incorrect. Case was remanded

to trial Court to proceed

further with application in

forma pauperis in accordance

with law. PLJ 2000 Lah. 887

= 2000 CLC 1442.

Refused Already District Judge was not competent to pass impugned judgment and
remand case for amendment in
plaint when such matter was
already resolved by Additional District Judge and High Court

by not allowing respondent to led evidence on additional issue- PLJ 2002 Sh.C.(AJK) 17

 Amendment allowed by trial

 court but set aside by Additional District Judge:- Amendment of plaint did not fall

within meaning of "case decided", therefore, very revision before Additional District

Judge was not proper. In this case, very title of plaintiff being in dispute, he would be

debarred from bringing a suit in future, for such declaration under principle of

constructive res-judicata as well as under Order II Rule 2 of C.P.C. Trial court had

rightly allowed amendment. Petition accepted and order of trial court restored. PLJ 1995

Pesh. 1= 1994 MLD 2332.

 Amendment of execution petition:- Appellants/ judgment debtor's contention is that

petition could have been amended uptil time it was registered but thereafter it could

neither be amended nor additional amount be claimed. The provisions of rules 11 to 14

and 17 of Order 201, C.P.C. being not applicable, mere - appearance of words amended

and amendment in clauses 2 and 3 of rule 17 does not make it applicable to case and

Execution Court has exercised jurisdiction vested in it. in accordance with law and facts.

Argument that execution petition cannot be amended subsequently, is misconceived. PLJ

1995 Lah. 240 = PLD 1995 Lah. 95.

Guidelines for amendment of pleadings

Following principles to be borne in mind while dealing for the application of amendment of

pleading.

 Cause of action in a suit cannot be altered by amendment of pleadings. The cause

of action will not be allowed to be substituted in totally a d the reason being that

the cause of action is the very basis of a suit . If a new or distinct cause od action

is there ,the parties are always free to go to the court with such cause of action in
 an independent suit. But there can be cases where the cause of action has further

aggravated by any further violation or some continuany cause of action which can

be joined in the present suit due to subsequent changes of circumstances, in such

cases the court in its discretion free to allow the amendment as that would not be a

case of Substitution of cause of action.

 The amendment of pleadings shall be allowed to bring or to clarify all matter in

issue before the Court. The matter in issue is essential for the determination of the

suit and therefor amendment can be made. Similarly, relief also can be amended.

 If a right has already accrued in pleadings to the opposite party, then the Court

shall normally be reluctant to allow the Amendment of pleadings. However, in

such cases, If the loss that will be caused to the other party can be adequately

compensated for by cost then amendment shall be allowed.

 If there is an undue delay in the filing of the application for amendment, without

there being Sufficient cause shown to condone the delay, then the court may

normally not allow the amendment.

 Further, Order VI Rule 18 of the code of civil Procedure 1908 casts a duty on the

party to carry out the amendment, if allowed by the court , within the time limited

for the said purpose by the order and if no time is thereby stated, then within 14

days from the date of the order. In case the party fails to carry out amendment

within the said period, he shall not be permitted to carry out the amendment after

the expiration of time limit, unless the time is further extended by the Court.

The primary objective for the court to allow application for amendment of pleadings is to 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 right of the parties and not to punish them for the mistake made by them in the pleadings.

Amendments in Plaint:

The plaintiff can amend his plaint, by:

I. Removing informal error.

II. Adding necessary facts.

III. Deleting unnecessary facts.

IV. Adding necessary parties, deleting unnecessary parties, and transposing one party fromone

panel to the other panel of parties.

V. Mentioning description of property. VI. Mentioning a relief, omitted earlier, and

VII. Introducing his real controversy.

Under Order 6 Rule 16 the plaintiff can also sought amendment of written statement to remove

unnecessary and scandalous facts for expeditious disposal of suit.

Amendment in Written Statement:

The defendant has also legal right to request for the amendment of plaint under Order
6 Rule 16, if there is something unnecessary or scandalous or which may tend to prejudice,

embarrass or delay the fair trial. Similarly the defendant under Order 6 Rule 17 has also got a

right to amend written statement by:

1. Mentioning new facts which are necessary. II. Altering already existing facts.

III. Deleting unnecessary facts; and

IV. Correcting informal errors.

Restrictions on amendment:

 The amendment which substitute one cause of action to another,

 Amendment which change the subject matter and character of the suit,

 The amendment which is prejudice to the right of opposite party,

 The application for amendment filed malafidely,

 Fact admitted cannot be allowed to deny through amendment,

 The amendment which change the nature and complexion of suit. What types of

amendments can be allowed or refused.

It all depends on the facts and circumstances of each case. There is no straight jacket

formula for allowing or refusing amendments. The Courts have very wide discretion in the

matter of amendment of pleadings but court's powers must be exercised judiciously and with

great care. In general, the following types of amendments can be ALLOWED by the Court.

 grant of consequential relief

 to avoid multiplicity of proceedings

 taking notice of subsequent events

  where the amendment is a formal in nature

 to clarify the pleadings

 where the parties in the plaint are wrongly described

 where some properties are omitted from the plaint by inadvertence

 where there is a mistake in the statement of cause of action

 Bonafide omission in making the necessary averments in the plaint In general,

In following cases leave to amendments can be REFUSED by the Court.

 Where it is not necessary to determine the real question in controversy

 Introducing totally different, new and inconsistent case or changes the fundamental

 character of the suit or defense.

 Where the effect of the proposed amendment is to take away from the other side a legal

right accrued in his favor.

 When it is not bonafide.

Who may apply for amendment?

An application for amendment under Order 6 Rule 17 may be filed by both the parties I.e.

Plaintiff for amendment in plaint and defendant for amendment in written statement subject

to limitation imposed by law.

Secondly, as per legal command of Order 6 Rule 16 either party may apply for amendment of

the pleading of his rival.

DIFFERENT KINDS OF AMENDMENTS:

 1. Section 152 (amendment of clerical and arithmetical mistakes in judgments, decrees

and orders).

2 Section 153 (amendment of proceedings in a suit by the court, whether moves

thereto by the parties or not, for the purpose of determining the real question or issue

between

the parties).

3.Order 1, Rule 10, sub-r (2) (striking out or adding parties).

4.Order 22 Rules 3 & 4 (adding legal representatives of deceased party)

5.Order 6, Rule 16 (amending your opponents pleading: compulsory amendment).

6.Order 6, r 17 (amending your own pleading: voluntary amendment)

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

Powers of Court:

Under Order 6 Rules 16 and 17 the Court has discretionary powers to allow amendment,

but the discretion must be exercised upon the judicial principles and all amendments

must be allowed which are necessary for the purpose of determining the real questions in

controversy between the parties.

 The parties after getting order of amendment should amend their pleading as per the

order and permission of the Court and should not go beyond that order.

In accordance with Order 6 Rule 18, if a party is permitted to amend his pleading and he

failed to amend within the limited time for that purpose by the order, if no time is

provided then within fourteen days from the date of the order, he shall not be permitted

to amend after the expiration of such limited time or of such 14 days, as the case may be

unless the time is further extended by the Court.

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.

Conclusion

It can be concluded that the amendment of pleading is necessary to avoid multiplicity of

civil suits. But, the court cannot grant the leave of amendment at Its whims and fancies.

There has to be certain criterion for granting or refusing the leave, which has been laid

down in case laws. It is a well known fact that delay in justice is one of the basic flaws of

the Pakistani Judiciary and amendment of pleadings is a vital reason for that.

The court must not return bonafide, legitimate, honest and necessary amendments and

should never permit mala fide amendments. Amendment of pleadings cannot be claimed

on a matter of right and under all circumstances, but the court which deciding such

prayers should not adopt a mechanical approach. The court should adopt a liberal

approach in cases when the other side can be compensated with costs. Normally,

amendment. are allowed in the pleadings to avoid, multiplicity of legations.