DPC PROJECT

ON

DRAFT ON AMENDMENTS OF PLEADINGS

SUBMITTED TO:
MR. SANDEEP SUMAN
(FACULTY OF DPC)
SUBMITTED BY:
PANKAJ SHARMA
R O LL N O . 1 0 0
SECTION A
SEMESTER VIII, B.A. LLB(HONS.)
SUBMITTED ON:
MARCH 06, 2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA POST, ABHANPUR, NEW RAIPUR – 493661
(C.G.)

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 ACKNOWLEDGEMENT

I feel highly elated to work on this dynamic and highly popular topic on “Draft on

Amendments of pleadings” which had played a pivotal role in the drafting, pleading and

conveyancing. As this topic drew my attention and attracted me to choose this as a project

topic and examine it.

Firstly I express my deepest gratitude towards Mr. Sandeep Suman , Faculty of DPC, to

provide me with the opportunity to work on this project. His able guidance and supervision

were of extreme help in understanding and carrying out the nuances of this project.

I would also like to thank The University and the Vice Chancellor for providing extensive

database resources in the library and for the internet facilities provided by the University.

Some printing errors might have crept in which are deeply regretted. I would be

grateful to receive comments and suggestions to further improve this project.

Pankaj Sharma

Semester- VIII ‘A’

Roll No. 100

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 TABLE OF CONTENT

INTRODUCTION…………………………………………………4
RESEARCH METHODOLOGY……………………………………..5

AMENDMENT OF PLEADINGS ……………………………………6

FACTS OF THE CASE ……………………………………………..6

DRAFT OF THE PLAINT……………………………………………7

AMENDMENT IN THE PLAINT……………………………………..11

AFFIDAVIT OF AMENDMENT IN PLEADING………………………..13

CONCLUSION ……………………………………………………..15

BIBLIOGRAPHY……………………………………………………16

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 INTRODUCTION
Pleadings are statement in writing delivered by each party alternately to his opponent, stating
what his contentions will be at the trial, giving all such details as his opponent needs to know
in order to prepare his case in answer. It is an essential requirement of pleading that material
fact and necessary particulars must be stated in the pleadings and the decisions cannot be
based on grounds outside the pleadings. But many a time the party may find it necessary to
amend his pleadings before or during the trial of the case. Rule 17 of Order VI deals with the
provision of amendment of the plaint. Order VI, Rule 17 of the Code of Civil Procedure deals
with amendment of pleadings. Pleadings are the case of the Plaintiff or the Defendant in
Plaint and Written Statement respectively. An amendment can be by way of altering
something, modifying something, deleting something.1

Order VI Rule 17 reads as under:

"17. Amendment of pleadings - The Court may at any stage of the proceedings allow
either party to alter or amend his pleadings in such manner and on such terms as may be just,
and all such amendments shall be made as may be necessary for the purpose of determining
the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has
commenced, unless the Court comes to the conclusion that in spite of due diligence, the party
could not have raised the matter before the commencement of trial."2

The Court may at any stage of the proceedings allow both party to alter or amend his
pleadings in such manner and on such terms as may be just and all such amendments shall be
made as may be necessary for the purpose of determining the real question in controversy
between the parties. Provided that no application for amendment shall be allowed after the
trial has commenced, unless the Court comes to the conclusion that in spite of due diligence,
the party could not have raised the matter before the commencement of trial. The power of
amendment of the court is under section 152,153 and 153A of CPC.

The main points to be considered before a party is allowed to amend his pleading are:
firstly, whether the amendment is necessary for determination of the real question in
controversy; and secondly, can the amendment be allowed without injustice to the other side.

1
KS Gopalakrishnans Pleadings and Practice, (2004), ALT Publications, p.79.
2
Code of Civil Procedure, 1908.

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Thus, it has been held that where amendment is sought to avoid multiplicity of suits, or where
the parties in the plaint are wrongly described, or where some properties are omitted from the
plaint by inadvertence, the amendment should be allowed.

RESEARCH METHODOLOGY

Objectives of study

The objective of this project is:

 To analyze the scope of amendment of pleadings under the provisions of CPC.

 To draft a plaint of amendment of pleadings.

Methodology

This research project is descriptive in nature. Accumulation of the information on the topic
includes wide use of primary sources such as cases as well as secondary sources like books,
articles etc. The matter from these sources have been compiled and analysed to understand
the concept.

Websites and dictionary have also been referred to understand things in a better way.

Mode of Citation

This project follows a uniform Bluebook 19th Ed. Citation format for footnotes and
bibliography.

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Kinds of Amendments

There are mainly four kinds of amendments and they are as follows:

1. Amendment as to form – signature, description of names etc,

2. Amendments as to substance – scandalous or irrelevant things,

3. Amendment as to relief – where several reliefs can be prayed and

4. Amendment as to parties to a suit.3

Types of Amendments

It is basically of two types which includes on the application of the opposite party in relation
to objectionable part (rule16) or it does not disclose any cause of action or where it abuses the
process of the court. Secondly, it can be suo moto by the court to file better particulars
(Sec.151 of CPC to order plaintiff to amend plaint) or to file additional statements required
for the determination of the issue in the case. Other than this, there can be amendments by
filing further particulars or by additional pleadings.4

Leave to amend when granted

The Rule confers a very wide discretion on courts in the matter of amendment of pleadings.
As a general rule, leave to amend will be granted so as to enable the real question in issue
between parties to be raised in pleadings, where the amendment will occasion no injury to the
opposite party and can be sufficiently compensated for by costs or other terms to be imposed
by the order.

Leave to amend when refused

It is true that courts have very wide discretion in the matter of amendment of pleadings. But
the wider the discretion, the greater is the possibility of its abuse. Ultimately it is a legal
power and no legal power can be exercised improperly, unreasonably or arbitrarily. In Ganga
Bai v. Vijay Kumar, the Supreme Court has rightly observed: “The power to allow an
amendment is undoubtedly wide and may at any stage be appropriately exercised in the
interest of justice, the law of limitation notwithstanding. But the exercise of such far-reaching

3
Arun Mohan, JUSTICE, COURTS AND DELAY (2009), Universal Publishing, p.78.
4
CR Datta, MN Das, D’ Souza’s Conveyancing, (1999), Eastern Law House, p.24.

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discretionary powers is governed by judicial considerations and wider the discretion, greater
ought to be the care and circumspection on the part of the court”.

1. Leave to amend will be refused when amendment is not necessary for the purpose
of determining the real question in controversy between the parties.
2. Leave to amend will be refused if it introduces a totally different, new and
inconsistent case or changes the fundamental character of the suit or defence.
3. Leave to amend will be refused where the effect of the proposed amendment is to
take away from the other side a legal right accrued in his favour . Every
amendment should be allowed if it does not cause injustice or prejudice to the
other party.
4. Leave to amend will be refused where the application for amendment is not made
in good faith. The leave to amend is to be refused if the applicant has acted mala
fide.

Facts of the suit:

Janardhana Naidu, S/o. Krishnaiah residing at D.No. 249, Netaji Road, Tirupati, borrowed
Rs. 25,000 agreeing to pay 24% on 26th Feb, 2008 from G. Srinivasa Yadav, S/o. Ramaiah at
D.No. 247, Netaji Road and executed a promissionary note. The promissionary note was
scribed by K. Venkatasubbaiah a document writer in Tirupati and attested by a K. Damodhar
Reddy and M. Subramanyam Naidu.

Srinivasa Yadav made demands for the Repayment of the loan and also caused a lawyers
notice dated 04.01.2018 to be send to S. Janardhana Naidu.

Janardhana Naidu who received the notice on 27.01.2018 neither paid the amount nor did he
respond to the notice on 20th February, 2018. G.Srinivasa Yadav filed a suit for the recovery
of the debt.

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 In the court of the judicial magistrate first class of Tirupati

Suit No …………………/2018

Srinivasa Yadav …….. Plaintiff

{Srinivasa Yadav, S/o. Ramaiah aged 45 years, Hindu business, residing at D.No. 247, Netaji
Road, Tirupati,}

Vs.

Janardhan Naidu ……. Defendant

{Janardhan Naidu, S/o. Krishnaiah, 40 years, Hindu, Business, residing at D.No. 249, Netaji
Road, Tirupati}

Suit for recovery of debt

The plaintiff most respectfully submits as under :

(1) Defendant borrowed a sum of Rs. 25,000 on 26.02.2008 and is consideration there of
executed a promissory note the like sum in favour of the plaintiff, agreeing to pay interest at
24% per annum.

(2) The plaintiff made several demands on the defendant for the repayment of the debt. The
plaintiff also caused a registered lawyer‟s notice dated 04.01.2011 to be sent to the defendant
did not respond.

(3) The plaintiff submits that the defendant is not an agriculturist and he is not entitled to the
benefits under any of the debt relief of law.

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(4) Cause of Action: For this suit arose on 26.02.2008 at Tirupati, within the jurisdiction of
this honourable court.

(5) The plaintiff values this suit for the purpose of court fee and jurisdiction of 39,000/- and
pays a court fee of 1.666 under section 20 of A.P. Court fee and suits valuation Act.

(6) Particulars of Valuation

Principal borrowed 25,000

Interest 24% p.a from 26.02.2014 to 20.02.2018 14,000

39,000

Court fee paid there on relief 1,666

Prayer

(7) It is therefore, prayed that the honourable court may be pleaded to pass a judgement and
decree against the defendant and in favour of the plaintiff.

(8) Directing the plaint defendant to pay the plaintiff the sum of Rs.39,000 on with further
interest at the contact rate till the date of realization.

(9) Awarding the plaintiff the cost of this suit and

(10) Passing such further or other order as the honourable court may deem. Fit and proper in
the circumstance of the case.

Place: Tirupati (Signature of Plaintiff)

Date : March 06, 2018

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 Pankaj sharma

(Advocate)

Verification

I the plaintiff, to hereby declared that the facts stated above true and correct to the best of my
knowledge, information and belief.

Verified at tirupati on 06.03.2018

Deponent

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  Application to allow to amend the plaint under Order VI Rule 17, CPC

In the court of judicial magistrate first class, tirupati

Suit No. ………………of 2018

Srinivasa Yadav …….. Plaintiff

{Srinivasa Yadav, S/o. Ramaiah aged 45 years, Hindu business, residing at D.No. 247, Netaji
Road, Tirupati,}

Vs.

Janardhan Naidu ……. Defendant

{Janardhan Naidu, S/o. Krishnaiah, 40 years, Hindu, Business, residing at D.No. 249, Netaji
Road, Tirupati}

Application under order VI Rule 17, CPC

Most respectfully showeth:

1) That the above- mentioned matter is pending before the Hon’ble court and is fixed for
hearing on 01/03/2018
2) That during the course of drafting the counsel for complainant inevitably stated the
date of notice 04/01/2018 instead of 12/01/2018 and now the defendant wants to
correct the date of sending the notice as 12/01/2018.
3) That the plaintiff by mistake mentioned the amount borrowed as 25000 instead of
35000 and prays to leave to amend of the said amount.
4) That the present application has been filed on the bonafide ground and no prejudice
will be caused to the opposite party’s right, if the present application is allowed.
5) The present application for the amendment does not introduce any new fact and is
purely technical in nature.
6) That the present amendment is necessary for the purpose of determining the real
controversy between the parties.

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 7) That if the present application is not allowed then the complainant will suffer the
irreparable loss and hardship.
8) Particulars of Valuation

Principal borrowed 35,000

Interest 24% p.a from 26.02.2014 to 20.02.2018 14,000

49,000

Court fee paid there on relief 1,666

Prayer

It is humbly prayed before this Hon’ble court, that it may be pleased to;

I. Allow the present application and the defendant kindly be permitted to amend the
plaint for filing the amended plaint.
II. Pass any order as it deems fit and proper in the interest of justice.

Plaintiff

Place: Tirupati

Date: 06/01/2018

Through
Pankaj Sharma
[Advocate]

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 Affidavit

In the court of judicial magistrate first class, tirupati

Suit No. ………………of 2018

In the matter of:

Srinivasa Yadav …….. Plaintiff

Vs.

Janardhan Naidu ……. Defendant

Application under order VI Rule 17, CPC

Affidavit

I, Srinivasa Yadav, S/o. Ramaiah aged 45 years, do hereby and solemnly affirm and declare
as follows:

I. That I am the plaintiff to the suit and am conversant with the facts and
circumstances of the present case, and competent to swear this affidavit.
II. That the statement made herein above are true to the best of my knowledge
belief.
III. That the contents of the application and amended plaint are true and correct.
That the annexures are true copy of their respective originals.
IV. That I signed it on this day ……….of ………, 2018 at civil court, Tirupati.

Deponent

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Verification
verified at this day ……..of …….2018,that the contents of the affidavits are true and correct
of my knowledge and that no part of it is false and nothing material has been concealed
therefrom.

Deponent

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 CONCLUSION

It can be concluded that the amendment of pleading is necessary to avoid multiplicity of civil
suits. But, the court cannot grant the leave of amendment at its whims and fancies. There has
to be certain criterion for granting or refusing the leave, which has been laid down in case
laws. It is a well known fact that delay in justice is one of the basic flaws of the Indian
Judiciary and amendment of pleadings is a vital reason for that.

The Court must not refuse bona fide, legitimate, honest and necessary amendments and
should never permit mala fide amendments. Amendment of pleadings cannot be claimed as a
matter of right and under all circumstances, but the Courts while deciding such prayers
should not adopt a mechanical approach. The court should adopt a liberal approach in cases
where the other side can be compensated with costs. Normally, amendments are allowed in
the pleadings to avoid multiplicity of litigations

“Justice delayed will not only be justice denied, it will also destroy the Rule of law, - a basic
feature of our Constitution. However, let us gird up the loins to protect and preserve it.”

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 BIBLIOGRAPHY

Statute:
1. The Code of Civil Procedure, 1908.
Books:

1. Murali Manohar, Conveyancing and Pleading, EBC, (2nd Edn. 2004).

2. KS Gopalakrishnans Pleadings and Practice, ALT Publications, (2nd ed., 2004).
3. C Agarwal & GC Mogha, Mogha’s Pleading, EBC, (17th Edn. 2006).
4. Justice Thakker, Code of Civil Procedure, EBC, (5th Edn. 2007).
5. Dr. Amit Sen, Legal Language, Legal Writing and Legal Drafting, Kamal Law House,
(2nd Edn. 2006).
6. GC Mathur, Shiva Gopal’s Conveyancing, Precedents and Forms, EBC, (6th Edn. 2004).
7. CR Datta, MN Das, D’ Souza’s Conveyancing, Eastern Law House, (13th Edn. 1999).
8. DK Gupta, A Guide to Conveyancing, Drafting and Deeds, Kamal Law House,( 2nd Edn.
2005 ).
9. MT Tijoriwala & SN Vimadalal, Law and Practice of Conveyancing, Snow White
Publications, (4th Edn-2002).

Articles:
1. Arun Mohan, Amendment to pleadings: The approach of Judiciary, Indian Bar
Review, Vol.78, Issue-9 (2001).
2. K. Singhania, The Amendment of pleadings, Indian Bar Review, Vol.82, Issue-9
(2002).

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