Order VI Rule 17 of the Code provides that the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and............

 Order VI Rule 17 of the Code provides that 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.

After analyzing various decisions on the subject including the above referred judgments some important factors, which are only illustrative and not exhaustive, that can be kept in my mind while dealing with the application for amendment are

(i) the intention of the applicant seeking to amend pleadings;

(ii) the question of limitation if applicable

(iii) refusal or acceptance of amendment should not lead to injustice or injury to opponent side;

(iv) efforts should be made to avoid multiplicity of litigation; (v) the nature of the suit and cause of action originally set-up and

(vi) if the amendment is necessary for the purpose of determination of the real question in controversy between the parties provided subject matter of suit remains unchanged.

Writ PetitionNo.4183 of 2022
Maqbool Ahmad versus Addl. District Judge and others
24-12-2024
2024 LHC 6308