#order iv

Or.6, Rule 17 of C.P.C - In view of the proviso contained under Rule 17 of Order VI of C.P.C, the application moved by the plaintiff seeking amendment of the plaint averments after Trial was concluded - the Trial Court has rightly rejected = The learned Advocate Commissioner filed report before the Trial Court setting out that the boundaries to the plaint schedule land are not tallying with the ground realities and hence, returned the warrant. At this stage, the plaintiff has filed I.A.No.177 of 2012 on 03.02.2012 seeking amendment of the plaint. This I.A.No.177 of 2012 has been closed by the Court preserving liberty to seek amendment later on. At this stage, it is appropriate to notice that in the written statement filed in the suit, the defendants have disputed the correctness of the plaint schedule and the rough plan annexed to the plaint During the course of cross- examination, his attention has been drawn to the discrepancies with regard to the plaint averments, the plaint plan and the rough sketch annexed to the plaint. Chief affidavit of D.W.1 was filed into the Court on 25.02.2014 and D.W.1 was cross-examined on 12.03.2014. Thereafter, the suit was posed for arguments. At that stage, I.A.No.285 of 2014 is moved on 05.05.2014 seeking amendment of the plaint. It is this application which is opposed by the opposite side setting out that the said application is moved at a time when the suit is coming up for arguments and hence, it cannot be allowed. The defendants have also urged that the plaintiff is now seeking to fill up the gaps in her evidence and the plaintiff was not diligent at all. The defendants disputed the bonafidees behind the amendment. Order VI, Rule 17 C.P.C, as stood amended by the Amending Act, 2002, reads as under: 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 inspite of due diligence, the party could not have raised the matter before the commencement of trial. whether the petitioner/plaintiff herein is diligent enough or not. Previous amendment petition - That I.A was closed by theCourt granting liberty for taking out such an application at a later point of time. Thereafter, without availing the said liberty, petitioner/plaintiff proceeded with the trial of the suit. In view of the proviso contained under Rule 17 of Order VI of C.P.C, the Trial Court has rightly rejected the application moved by the plaintiff seeking amendment of the plaint averments after Trial was concluded. Amendment if permitted at this stage, would cause grave hardship to the defendants. They perhaps, will have to reframe their defense and in such an event, evidence will have to be lead in by both parties all over once again. As it is more than seven years time has elapsed from the date the suit is instituted. Thus, looked at from any angle the amendment cannot be allowed at a belated stage. - 2015 A.P.(2014) MSKLAWREPORTS