Case Note & Summary
The petitioners, plaintiffs in a civil suit (O.S. No. 188/2015) pending before the Additional Civil Judge and JMFC, Hungund, filed an application (IA No. 7) under Order 6 Rule 17 of the Code of Civil Procedure, 1908 seeking amendment of the plaint. The trial court rejected the application on the ground that the petitioners failed to satisfy the 'due diligence' test as required by the proviso to Order 6 Rule 17 CPC. Aggrieved, the petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Dharwad, seeking to quash the impugned order dated 06.09.2025 and to allow the amendment application. The High Court examined the scope of the proviso to Order 6 Rule 17 CPC, which states that no application for amendment shall be allowed after the trial has commenced unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. The court noted that the trial in the suit had not yet commenced, as the issues were not framed and the case was at the stage of filing written statements. Therefore, the proviso was not attracted, and the trial court erred in applying the 'due diligence' test. The High Court held that amendments before trial should be allowed liberally to determine the real controversy between the parties. Consequently, the writ petition was allowed, the impugned order was quashed, and the amendment application was allowed. The trial court was directed to proceed with the suit in accordance with law.
Headnote
A) Civil Procedure - Amendment of Pleadings - Order 6 Rule 17 CPC - Due Diligence Test - The proviso to Order 6 Rule 17 CPC imposes a 'due diligence' test only for amendments sought after the commencement of trial; amendments before trial are not subject to such test - The court held that the trial court erred in applying the due diligence test to an amendment application filed before the commencement of trial, as the proviso is not attracted - Held that the amendment should be allowed liberally to determine the real controversy between the parties (Paras 4-6).
Issue of Consideration
Whether the 'due diligence test' envisaged in the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908 applies to every application seeking amendment of pleadings filed 'after commencement of trial'.
Final Decision
Writ petition allowed. Impugned order dated 06.09.2025 quashed. IA No. 7 under Order 6 Rule 17 CPC allowed. Trial court directed to proceed with the suit in accordance with law.
Law Points
- Order 6 Rule 17 CPC
- due diligence test
- amendment of pleadings
- commencement of trial
- proviso to Order 6 Rule 17
