Topic
Calcutta High Court dismisses a tenant’s third attempt to amend pleadings after 15 years, holding that Order 6 Rule 17 CPC bars amendments when facts were known earlier and evidence is already closed. The ruling reinforces procedural discipline, preventing tactical delays in civil litigation.
Calcutta High Court rules that mere delay in seeking amendment under Order VI Rule 17 CPC cannot bar pleadings if the amendment is essential to determine the real dispute. The court allowed incorporation of a Deed of Revocation in a fraud case, emphasizing procedural justice over technicalities, even where the deed's validity was contested under the Transfer of Property Act.
Allahabad High Court holds that amendment of pleadings under Order VI Rule 17 CPC is permissible after framing of issues but before evidence begins, rejecting mechanical denial on grounds of delay.
Allahabad High Court holds that delay alone cannot reject amendment applications in suits filed before 2002; proviso to Order VI Rule 17 CPC does not apply retrospectively.