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Amendment of Pleadings and the Doctrine of Relation Back

By Arun Beriwal

Published In

AIR 1999

It is only in the dictionary that the word “Justice” comes before “Procedure” — But the forensic reality prescribes the inevitable corridors of procedures for redressal of grievances in a Court of Law. It is a time-honoured principle of Civil Jurisprudence that procedures are only meant for doing substantial justice and Rules of Courts should be made to serve and be subordinate to the purpose sought to be achieved. Order VI, Rule 17, CPC mirrors one such procedure for amendment of pleadings. Too often we see that new facts come into picture, subsequent to the filing of suit/lis; the determination of which is imperative for resolving the real dispute between the parties — It is in this backdrop that Order VI, Rule 17 comes into active play in Civil Courts, which provides : “The Court may at any stage of the proceeding allow either party to alter/amend his pleadings in such manner and on such terms as may be just and all such a ....

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