Order VI Rule 17: Amendment of pleadings

Questions on this rule

5 questions in 18 of our papers cite Order VI Rule 17. Try these from the free papers:

1. 1. Which of the following orders are appealable under Order XLIII Rule 1 CPC? 1. An order under Order XXXIII Rule 5 or Rule 7 rejecting an application for permission to sue as an indigent person. 2. An order under Order XL Rule 1 appointing a receiver. 3. An order under Order XLI Rule 19 refusing to re-admit an appeal dismissed for default. 4. An order under Order VI Rule 17 refusing leave to amend a pleading. Select the correct answer:

   A.2, 3 and 4 onlyB.1, 2, 3 and 4C.1 and 2 onlyD.1, 2 and 3 only
   Show answer

2. 2. In Haramani Sahoo v. Lalita Nayak (12 October 2026), the plaintiffs applied, after the trial had begun, to amend the plaint to challenge a compromise decree that they said they had discovered later. The defendants objected that the new relief was time-barred. The Supreme Court:

   A.allowed the amendment and held the new relief within time, because limitation runs from the date of amendmentB.allowed it on costs, finding due diligence shown, and left the plea of limitation to the trial courtC.refused the amendment, holding that a relief that may be time-barred can never be added once the trial has begunD.refused the amendment, holding that the proviso to Order VI Rule 17 bars every amendment after issues are framed
   Show answer

3. 3. In Modi Spinning & Weaving Mills Co. Ltd. v. Ladha Ram & Co. (1976), the defendants sought to amend their written statement under Order VI Rule 17 CPC so as to withdraw a clear admission made in it and set up an entirely new case. The Supreme Court held that:

   A.such an amendment may be allowed at any stage on payment of costs to the plaintiffB.it could not be allowed, as it would displace the plaintiff from a clear admissionC.such an amendment must be allowed, since a defendant may always take inconsistent pleasD.an admission in a written statement may be withdrawn as of right before issues are framed
   Show answer