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CAN A NEW LEGAL OPINION LEAD TO AMENDMENT OF WRITTEN STATEMENT?
09-Sep-2023 (In Civil Law)
Whether a new legal opinion, in the context of a plausibly demonstrable error on the
law in existing pleadings, can be a factor while examining “due diligence” expected
from a party to legal proceedings under the proviso to Order VI Rule 17 of the CPC
1908
Yes, if pleadings needs to be amended. Normally law need not be pleaded and can be taken at any point of time. You may please get it amended or even take such contention at the time of arguments. Better file application for amendment and get it allowed.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Hi, The Court may at any stage of the proceedings allow either party to amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as 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.
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Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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What is the stage of the proceeding before trail court?
Whether the case is in trail court or in appellate court?
Because the stage of considering the application for amendment of pleading after the trail has commenced attracts 'due diligence' application
Who are you in the suit plaintiff or defendant you do not disclose your identity
What sort of unnecessary question you are asking probably you don't know what you want
The question is vague better your advocate conducting the case on your behalf
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Adv. Prof V Narayana Swamy
Bangalore / Bengaluru | 100+ Answers
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