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Ordinarily an amendment of pleading in a suit may be carried out by the contesting parties under Order VI Rule 17 of the Code of Civil Procedure 1908.The court may allow the amendment:
1. In case the changes carried out in the pleading do not change the relief claimed for.
2. At any stage of the suit.
3. Without imposing costs.
4. Of an application filed for interim relief.
Select the correct answer:

A. 1 and 2

B. 2 and 3

C. 3 and 4

D. 1 only

Answer: Option A

Solution(By Examveda Team)

Order VI Rule 17 of the Code of Civil Procedure, 1908
Order VI Rule 17 of the CPC provides for the amendment of pleadings in a suit. It allows a party to alter, modify, or add to their pleadings at any stage of the suit, subject to the discretion of the court. The objective of this provision is to ensure that justice is served by allowing parties to correct errors, clarify claims, or introduce necessary facts, provided such amendments do not cause prejudice to the other party.

Explanation of the Correct Answer
The correct answer is Option A: 1 and 2.

Statement 1: "In case the changes carried out in the pleading do not change the relief claimed for."
This statement is correct. Amendments to pleadings should generally not change the fundamental nature of the case. While modifications to factual claims or clarifications can be allowed, a complete change in relief sought would not be permitted, as it would essentially amount to filing a new suit. The Supreme Court has repeatedly emphasized that amendments should not introduce a wholly new cause of action.

Statement 2: "At any stage of the suit."
This statement is correct. The court has the power to allow an amendment at any stage of the proceedings, including trial, appeal, or even execution, provided it is necessary for the determination of the real issues between the parties. However, amendments sought at a later stage are scrutinized more strictly, and delays must be justified.

Why Other Options Are Incorrect
Statement 3: "Without imposing costs."
This statement is incorrect. While courts may allow amendments, they often impose costs on the party seeking the amendment, especially if the amendment causes delays or inconveniences the other party. Costs serve as a deterrent against frivolous or negligent amendments.

Statement 4: "Of an application filed for interim relief."
This statement is incorrect. Order VI Rule 17 applies to amendments in pleadings, which include the plaint and written statement, not to applications for interim relief. Interim applications are governed by different provisions of the CPC.

Conclusion
Since Statements 1 and 2 are correct, the correct answer is Option A: 1 and 2.

This Question Belongs to Law >> Code Of Civil Procedure

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