The Code of Civil Procedure, 1908  - Order VI Rule (17)

Amendment of plaint - Allowed - Hence, the appeal - Specific performance of the contract of sale - Suit filed for - Whether the High Court is right in allowing the application filed under Order VI Rule 17 CPC for amendment of the plaint which was filed after conclusion of trial and reserving the matter for orders - Rule 17 clearly states that no amendment shall be allowed after the trial has commenced except when the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of the trial - Supreme Court - The act of neglecting to perform an action which one has an obligation to do cannot be called as a typographical error, therefore, it cannot be construed that due diligence was adhered to and in any event, omission of mandatory requirement running into 3 to 4 sentences cannot be a typographical error as claimed by the plaintiffs - Impugned order passed by the High Court set aside - Appeal allowed.

Topic(s)-Amendment of plaint

Important Decision(s)- O VI R 17 CPC - Amendment of plaint allowed - Omission of mandatory requirement - Amendment not allowed.