Order VI Rule 17 of the Code of Civil Procedure- In the absence of specific finding that in spite of due diligence, the party could not introduce amendment before commencement of the trial, the order of the Trial Judge is unsustainable.

  1. 2020 APEX COURT [32 ]- Order VI Rule 17 of the Code of Civil Procedure- In the absence of specific finding that in spite of due diligence, the party could not introduce amendment before commencement of the trial, the order of the Trial Judge is unsustainable.                                                                                      Order VI Rule 17 of the Code of Civil Procedure-suit for partition was filed by the respondents i.e. wife and children of the appellant- In the suit, evidence started and thereafter an application for amendment of plaint was filed by plaintiff No.3. The amendment was objected by the defendant (appellant herein). However, the learned Civil Judge by order dated 09.03.2016 allowed the application against which the writ petition was filed which was dismissed. – Apex court held that There being no finding by the Court that the Court is satisfied in spite of due diligence, the party could not introduce amendment before commencement of the trial, the order  of the Trial Judge is unsustainable.The High Court has not adverted to the above aspect of the matter. In view of aforesaid, we allow the appeal and set aside the order of the High Court as well as of the Civil Judge, the amendment application stands dismissed.