We will discuss procedure of drafting amendment of plaint in detail in this blog. We will look step by step process and then a sample draft to give more clarity to the concept.

Introduction

The process of filing a legal case in India involves submitting a plaint, which outlines the plaintiff’s claims and reliefs sought. However, there may be instances where amendments are required to rectify errors, include additional facts or claims, or address changes in circumstances. Order VI Rule 17 of CPC deals with amendment of pleadings (which includes both plaint and WS). This article provides a comprehensive guide on the procedure for amending a plaint in India, ensuring that your legal document accurately reflects your case.

Importance of Amendment of Plaint

Amending a plaint is vital as it allows the plaintiff to correct mistakes, update information, or introduce new claims. It ensures that the plaint aligns with the current circumstances and provides an accurate representation of the case before the court.

The importance of amending a plaint lies in rectifying any absence of material particulars and ensuring that the real controversy between the parties is determined. Amendments to the plaint are necessary to determine the actual question in issue between the parties and to avoid a multiplicity of litigations. It allows the parties to correct any wrong facts, include necessary facts that were not mentioned initially, and shorten the litigation process. The court must be liberal in allowing amendments before the commencement of the trial. By granting amendments, the court can ensure that the case is heard on its merits and that justice is served.

Legal Provisions for Amendment of Plaint

The Code of Civil Procedure, 1908, governs the procedure for the amendment of plaint in India.

Order VI Rule 17 provides for amendment of pleadings which states that 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 question in controversy between the parties.

Proviso clause provides that no such application for amendment is allowed after the trial has commenced, unless court comes to conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Order VI Rule 17 is not exhaustive, the court have inherent power under sec. 151 of CPC to allow necessary amendment in the plaint. Further, Section 153 of the code empowers the court to allow amendments at any stage of the proceedings to ensure the determination of real questions in controversy.

Grounds for Seeking Amendment of Plaint

There are various grounds on which a plaintiff may seek an amendment to the plaint, including:

• Rectification of typographical errors or inaccuracies.
• Inclusion of additional facts or claims arising after the filing of the original plaint.
• Change in circumstances or discovery of new evidence.
• Correction of technical or procedural defects in the original plaint.

Procedure for Drafting an Amendment of plaint

To draft an amendment for a plaint in India, follow these steps:

a. Identify the changes required: Carefully review the original plaint and identify the specific sections or aspects that need to be amended.

b. Draft the proposed amendments: Clearly articulate the changes or additions that need to be made in a separate document. Ensure that the amendments are specific, precise, and relevant to the case.

c. Align the amendments with the original plaint: Ensure that the amendments maintain coherence with the original content and do not deviate from the central claims and relief sought.

d. Seek legal counsel: Consult with your lawyer to review the proposed amendments and ensure their viability and adherence to legal requirements.

Filing the Amended Plaint

Once the amendments have been drafted, follow the procedure outlined below to file the amended plaint:

a. Prepare the amended plaint: Incorporate the proposed amendments into the original plaint document, clearly indicating the changes made.

b. Prepare additional copies: Make sufficient copies of the amended plaint for filing and serving purposes.

c. File the amended plaint: Submit the amended plaint along with the required number of copies to the appropriate court where the case is pending. Pay the prescribed filing fees, if applicable.

Serving the Amended Plaint

After filing the amended plaint, it is essential to serve a copy of the amended document to the defendant or their legal representative. Adhere to the specified methods of service, such as personal delivery or registered post, as per the court rules.

Opposition to the Amended Plaint

The defendant has the right to raise objections or oppose the amended plaint. They may argue against the proposed amendments on various grounds. Both parties will have an opportunity to present their arguments before the court.

Court’s Discretion in Granting Amendments

The court has discretionary powers to allow or disallow amendments to a plaint. The court considers factors such as the nature of the amendment, stage of the proceedings, prejudice to the opposing party, and the interest of justice while deciding on the grant of amendments.

Sample Draft

IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION) AT DEHRADUN

CIVIL SUIT No._________ OF 2025

Mr. X, S/O Y,

R/O Ramnagar, Dehradun

                                                                          ………………………………..…Applicant

IN THE MATTER BETWEEN:

Mr. X, S/O Y,

R/O Ramnagar, Dehradun

                                                                        ………………………………..…Plaintiff

Versus

Mr. A, S/O B,R/O Premnagar, Dehradun                                          

 …………………………………Defendant

APPLICATION UNDER ORDER VI RULE 17 FOR AMENDMENT OF PLAINT

THE APPLICANT MOST RESPECTFULLY SHOWETH:

1. That the applicant is plaintiff in the abovementioned civil suit(Provide No. of Civil Suit). This application is made to rectify mistakes in plaint presented by plaintiff on 18^th March 2024.
2. That para no. 5 and 6 of the plaint is amended which provided the details of the immovable property which is subject matter of the above mentioned civil suit.
3. That para 5 is amended to correct the mistake of property no. from 211 to 112.
4. That para 6 is amended to correct the mistake of first owner name from Mr. AB to Mr. AA.
5. That these amendments are necessary in plaint for the purpose of determining real questions in controversy between parties.
6. That the dispute is before this learned court and the trial has not yet commenced in the abovementioned suit.

PRAYER

It is therefore humbly prayed that the applicant may be allowed to amend the plaint so as to correct the mistake in para no. 5 and 6 of the plaint.

Date:                                                                                                                              (Advocate)

VERIFICATION

I, Mr. X the above-named applicant/plaintiff do hereby verify that the contents of paragraphs 1 to 4 of this application are true to my knowledge and that of paragraph 5 and 6 is based on legal advice received which I believe to be correct.

Verified at Dehradun on this 28^th April, 2024

Date:                                                          PLAINTIFF/APPLICANT

(ADVOCATE)

[ATTACH AFFIDAVIT] (watch tutorial video)

Watch Tutorial Video on Amendment of Plaint

Conclusion

Amending a plaint in India is a procedural step that ensures the accuracy and completeness of the legal document. By following the prescribed procedure plaintiffs can make necessary changes to their plaints, thereby presenting a strong and comprehensive case before the court.

For learning more about drafting in civil matter click here.