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advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Saturday, September 4, 2010

Amendment of Pleadings Or.6,Rule 17,18 C.P.C.

The 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 be necessary for the purpose of determining the real questions in controversy between the parties;--------provided that no application for amendment shall be allowed after the trial 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.----sec.18 says failure to amend after order- if party who has obtained an order for leave to amend does not amend accordingly within the time limited for the purpose by the order, r if no time is thereby limited then within fourteen days from the date of the order, he shall not permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the court.