Topic
Failure to exercise due diligence bars amendment under Order VI Rule 17 CPC when parallel NCLT proceedings exist on share transfer legality. It bars using pleading amendments to sidestep ongoing tribunal litigation in family shareholding disputes.
The Himachal High Court ruled that a written statement cannot be amended after the trial starts unless the party shows prior due-diligence, upholding the trial court’s refusal. The decision limits the court’s supervisory jurisdiction under Article 227, warning litigants that pleadings must be finalised before trial.
A Punjab & Haryana High Court ruling bars parties from using an Order VI Rule 17 amendment to replace a specific-performance claim with a monetary claim, preserving the original relief sought. This limits strategic pleading changes in property sale disputes, affecting plaintiffs seeking performance of contracts.