SUPREME COURT OF INDIA – WHETHER THE DEFENDANT CAN BE PERMITTED TO AMEND THE WRITTEN STATEMENT?

Supreme Court of India

Date of Judgement: 09.10.2009

On amendments the principles which ought to be taken into consideration while allowing or rejecting the application for amendment are as follows:-

  1. Whether the amendment sought is imperative for proper and effective adjudication of the case;
  2. Whether the application for amendment is bona fide or mala fide;
  3. The amendment should not cause such prejudice to the other side which cannot be compensated adequately in terms of money;
  4. Refusing amendment would in fact lead to injustice or lead to multiple litigation;
  5. Whether the proposed amendment constitutionally or fundamentally changes the nature and character of the case; and
  6. As a general rule, the court should decline amendments if a fresh suit on the amended claims would be barred by limitation on the date of application.

These are some of the important factors which may be kept in mind while dealing with application filed under Order 6 Rule 17. These are only illustrative and not exhaustive.”

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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