Rule 17 of CPC : Rule 17: Amendment of pleadings.

Explanation using Example

Example 1:

Scenario: Rajesh files a lawsuit against his neighbor, Suresh, for encroaching on his property. In his initial pleading, Rajesh claims that Suresh has built a wall that extends 2 feet into his property. During the discovery phase, Rajesh's surveyor finds that the encroachment is actually 3 feet, not 2 feet.

Application of Rule 17: Rajesh can file an application to amend his pleading to correct the encroachment measurement from 2 feet to 3 feet. The court, considering that this amendment is necessary to determine the real question in controversy (the extent of encroachment), allows the amendment. This helps in ensuring that the case is decided based on accurate facts.

Example 2:

Scenario: Priya sues a company for breach of contract, claiming damages of ₹5 lakhs. During the trial preparation, Priya discovers additional evidence showing that the actual damages amount to ₹10 lakhs.

Application of Rule 17: Priya can apply to the court to amend her pleadings to increase the claim amount from ₹5 lakhs to ₹10 lakhs. The court, finding that this amendment is essential for addressing the real issue of the extent of damages, permits the amendment. This ensures that Priya's claim reflects the true extent of her losses.

Example 3:

Scenario: During a property dispute case, Anil initially claims that he has a right to a piece of land based on a will. However, after the trial has commenced, Anil finds a registered sale deed that provides a stronger basis for his claim.

Application of Rule 17: Anil applies to amend his pleadings to include the sale deed as the basis of his claim. The court examines whether Anil could have discovered the sale deed with due diligence before the trial started. If the court concludes that Anil could not have found the sale deed earlier despite due diligence, it may allow the amendment even though the trial has already commenced. This ensures that the case is decided on the most relevant and accurate information.