Order 6 Rule 16 CPC
Provision:
Order 6, Rule 16 CPC – Amendment of Pleadings
General Rule:
The plaintiff or defendant may amend their pleadings at any stage of the proceedings.
“Pleadings” include plaint, written statement, rejoinder, replication, etc.
Court’s Discretion:
Amendment is subject to the discretion of the court.
Court may allow amendment if it is necessary for determining the real questions in controversy between the parties.
Conditions for Allowing Amendment:
Amendment must not cause injustice or unfair prejudice to the other party.
Court may impose conditions as it deems fit.
Effect of Amendment:
Amended pleading becomes part of the record.
Parties may reply or object to the amendment.
Exclusion:
Amendment cannot be used to introduce new causes of action unrelated to the original suit, except when it arises out of same transaction or subject matter.
Key Points:
Purpose:
To ensure that real issues between parties are decided on merits, not on technicalities.
Prevents dismissal of cases due to minor defects in pleadings.
Discretionary Power of Court:
Court has wide discretion, but it must act judiciously.
Factors considered: delay, prejudice, nature of amendment, stage of proceedings.
Amendment at Later Stages:
Even at trial or just before arguments, the court can allow amendments if it helps in deciding the real dispute.
Court may allow amendment subject to costs or other conditions.
Limitation:
Amendment cannot change the basic nature of the suit.
New causes of action or unrelated claims may be rejected.
Illustration:
Example 1:
Plaintiff filed a suit for recovery of ₹5 lakhs but mistakenly mentioned the wrong date of transaction.
Plaintiff applies to amend plaint to correct the date.
Court allows the amendment because it does not change the cause of action and is necessary for justice.
Example 2:
Defendant files a written statement denying liability and claims a counter-claim for damages.
Later, defendant wants to amend statement to add new transaction unrelated to the suit.
Court may reject amendment as it introduces a new cause of action.
Significance:
Ensures substance over form in civil litigation.
Courts can correct defects and omissions in pleadings.
Helps in deciding real issues between parties, avoiding unnecessary dismissals.
Balances fairness to both parties with justice on merits.
✅ Summary:
Order 6 Rule 16 CPC allows amendment of pleadings at any stage.
Court exercises discretion based on justice, prejudice, and stage of proceedings.
Purpose: ensure real questions in controversy are decided, not defeated on technicalities.
Limitation: cannot introduce unrelated new causes of action.
If you want, I can also make a simple flowchart showing how amendments under O.6 R.16
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