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 may 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 has 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.]
High Court Amendments-[Bombay].-In Order VI, for the existing rule 17 and its marginal note, substitute the following as rule 17 and marginal note: "17. Amendment of pleadings.-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 may be necessary for the purpose of determining the real question in controversy between the parties. Where, however, an application for amendment is made by the plaintiff in a suit in which the defendant has not appeared, though served with a summons, and where in the opinion of the Court the amendment applied for is a material one, the Court shall give notice of the application to the defendant before allowing the amendment; and where in the absence of the defendant the Court grants any amendment in a form materially different from that of which notice has been given to the defendant, a copy of the amended plaint shall be served on the defendant."-(1-10-1983). [Gujarat].-Add the following to rule 17: "Where, however, an application for amendment is made by the plaintiff in a suit in which the defendant has not appeared though served with a summons, and where in the opinion of the Court the amendment applied for is a material one, the Court shall give notice of the application to the defendant before allowing the amendment; and where in the absence of the defendant the Court grants any amendment in a form materially different from that applied for, a copy of the amended plaint shall be served on the defendant."-(17-8-1961). [Orissa].Re-number rule 17 as sub-rule (1) thereof and add the following as sub-rule (2): "(2) Every application for amendment shall be in writing and duly verified in the manner laid down in rule 15 and shall state the specific amendments which are sought to be made, indicating the words or paragraphs to be added to, omitted from or substituted in place of, the original pleading."-(14-5-1984). [Punjab, Haryana and Chandigarh].-Re-number rule 17 as sub-rule (1) thereof and add the following as sub-rule (2): "(2) Every application for amendment shall be in writing and shall state the specific amendments which are sought to be made indicating the words or paragraphs to be added, omitted or substituted in the original pleading."-(1-11-1966). [N.B.-These High Court Amendments relate to the provisions as existed before the 2002 Amendment Act.]