Salem Advocate Bar Assn. v. Union of India
(2005) 6 SCC 344 · Supreme Court of India
The proviso to O. 6 r. 17 restricts late amendment after trial has commenced save where due diligence is shown.
Unit I · Drafting, Pleadings and Conveyancing
Striking out, amendment and implied admissions
Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.
Amendment checklist: state the exact words to be added or deleted; explain delay; show that the nature of the suit is not altered; attach a marked-up pleading; pray for costs.
Statute sections
| Act / instrument | Section | Name |
|---|---|---|
| Code of Civil Procedure, 1908 | O. 6 r. 16 | Striking out pleadings |
| Code of Civil Procedure, 1908 | O. 6 r. 17 | Amendment of pleadings |
| Code of Civil Procedure, 1908 | O. 6 r. 18 | Failure to amend after order |
Landmark cases
Bhagwati Prasad v. Chandramaul
AIR 1966 SC 735 · Supreme Court of India
Amendment and issues should ensure that the real controversy is tried, not that a party is taken by surprise.