Civil Procedure and Amendment of Pleadings

Civil Procedure and Amendment of Pleadings

What is discerned on reading Order VI Rule 17 of Code of Civil Procedure, 1908 is that, firstly, amendment of pleadings can be allowed, at any stage. Secondly, the proposed amendment must be shown to be necessary for determination of real question of controversy between the parties and if the amendment is sought to be brought after commencement of the trial, the court, while allowing the same, has to first to record a conclusion that, in spite of best efforts, a party to the proceedings could not bring the proposed amendment or document on record at earlier point of time.  

Santosh Madhukar Pawar v. Indubai Eknath Pawar [2026] GCtR 115 (Aurangabad, Bombay)