AIR 2008 SUPREME COURT 2303 ::2008 AIR SCW 4007 ::(2008) 3 All RentCas 405 ::2009 (1) CivilCourtC 1 ::2008 (14) SCC 364 ::2008 (4) RecCivR 824 ::(2008) 7 Scale 471 ::(2008) 3 All WC 3045 ::2009 (1) CgLJ 240 ::(2008) 5 CTC 253 (SC) ::2008 (5) CTC 253 ::2008 (8) MadLJ307

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): Arijit Pasayat, P. Sathasivam , JJ

(A) Civil P.C. (5 of 1908) , O.6 R.17 Proviso— (as substituted by Act 22 of 2002) - Amendment of pleadings - Pre-trial amendments - Are to be allowed liberally than those sought to be made after commencement of trial. Order 6 Rule 17 C.P.C. confers jurisdiction on the Court to allow either, party to alter or amend his pleadings at any stage of the proceedings on such terms as may be just. Such amendments seeking determination of the real question of the controversy between the parties shall be permitted to be made. Pre-trial amendments are to be allowed liberally than those which are sought to be made after the commencement of the trial. The opposite party is not prejudiced because he will have an opportunity of meeting the amendment sought to be made. In the latter case, namely, after the commencement of trial, particularly, after completion of the evidence, the question of prejudice to the opposite party may arise and in such event, it is incumbent on the part of the Court to satisfy the conditions prescribed in the proviso.(Para 5) (B) Civil P.C. (5 of 1908) , O.6 R.17— Proviso - Amendment of plaint after commencement of trial - Permissibility - Suit for declaration - Plaintiff claiming exclusive right to do mining operations over suit lands - Govt. had leased out lands for minin....