DASARATH SAHA Vs. KANAILAL KHANDA & ORS.

JUDGEMENT

(1.) The object underlining the incorporation of the provision under Order 6, Rule 17 of the Code of Civil Procedure is to decide the disputes between the parties completely and effectively. By the aforesaid provision the Court enjoin the power to permit the party to alter or amend the pleadings, if it is necessary for the purpose of determining the disputes involved therein.

(2.) The aforesaid provision was being abused to the greatest extent, which was noticed by the Committee constituted to suggest the ways and means to augment the speedy disposal of the suit before the Court of law and on the recommendation of the Committee the provision under Order 6, Rule 17 of the Code was deleted by CPC (Amendment) Act, 1999.

(3.) There was strong objections from the various corners against the deletion of the said provision. The Legislature thereafter accepted the objections as the Committee recommended the reintroduction of the said provision with certain amendments and by CPC (Amendment) Act, 2002 Order 6, Rule 17 of the Code was restored with proviso inserted thereto restricting the power of the Court to permit the amendment filed by any of the parties after the commencement of trial, unless the Court is satisfied on the due diligence.