Civil Manual 44 — Amendments

Gujarat High Court Civil Manual (subordinate court practice), 1960

Statutory text

(1) Though it is no part of the duty of the Courts to make pleadings for the parties, they should bear in mind that the scheme of the Code is that the pleadings of the parties must contain full and accurate statements of the claims and assertions of each party. Therefore, where a Court after perusing the pleadings, the statements of the parties or their lawyers, the documents, admissions as to facts and documents, answers to interrogatories, and information obtained from examination of the parties under Order X finds that the pleadings do not represent the real assertions and contentions of the parties, it should give an opportunity to the parties concerned to apply for amendment of pleadings.

(2) The law as to such amendments is contained in section 153 and Order VI, rules 16 and 17. Attention is specially drawn to the provision that "all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties". It should be noted that under the provisions of Order VI, rules 17 and 18, pleadings should be altered or amended by the party or his lawyer. Any amendment made in a plaint, at any time after it is registered, should be signed or initialled by the Judge.

(3) If a plaint is amended a corresponding amendment should be made in the Register of Suits and initialled by the responsible officer of the Court.

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