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#Query #LearnCPC
In appeal against order of rejection of plaint, the plaintiff-appellant files an application before the Appellate Court seeking amendment of plaint? Can this application be allowed at the appellate stage?
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In appeal against order of rejection of plaint, the plaintiff-appellant files an application before the Appellate Court seeking amendment of plaint? Can this application be allowed at the appellate stage?
Vote here t.me/learncpc/12
The basic question which needs to be answered first is whether an amendment of plaint can be permitted at appellate stage? This issue is fairly settled in view of the expression 'at any stage of proceedings' in O VI R 17. This has been interpreted to include appellate stage.
On this point, i.e whether a plaint can be allowed to be amended at the appellate Stage, the Kerala HC has held that Appellate Court can allow amendments to the pleadings, even at the appellate stage, notwithstanding the proviso to Order VI Rule 17 CPC. indiankanoon.org/doc/119860392/
