Wednesday 2 November 2022

Supreme Court: Important factors which the court should consider while deciding application for amendment of pleading

 On critically analysing both the English and Indian cases, some basic principles emerge which ought to be taken into consideration while allowing or rejecting the application for amendment:

(1) whether the amendment sought is imperative for proper and effective adjudication of the case;

(2) whether the application for amendment is bona fide or mala fide;

(3) the amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money;

(4) refusing amendment would in fact lead to injustice or lead to multiple litigation;

(5) whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and

(6) as a general rule, the court should decline amendments if a fresh suit on the amended claims would be barred by limitation on the date of application.

These are some of the important factors which may be kept in mind while dealing with application filed under Order 6 Rule 17. These are only illustrative and not exhaustive. {Para 63}

Civil Appeal Nos. 2343-2344 of 2017

Decided On: 10.02.2017

Chakreshwari Construction Pvt. Ltd.Vs. Manohar Lal

Hon'ble Judges/Coram:
Jasti Chelameswar and Abhay Manohar Sapre, JJ.

Citation: 2017(5) MHLJ 195,(2017) 5 SCC 212
Read full Judgment here: Click here
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