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    Question

    Under Order 6 Rule 17 of CPC, amendment of pleadings

    after commencement of trial is: 
    A Absolutely prohibited in all circumstances Correct Answer Incorrect Answer
    B Allowed at the discretion of the court without any conditions Correct Answer Incorrect Answer
    C Allowed only if the court is satisfied that despite due diligence, the party could not have raised the matter before trial Correct Answer Incorrect Answer
    D Allowed only with consent of the opposite party Correct Answer Incorrect Answer
    E Allowed only if the amendment does not change the cause of action Correct Answer Incorrect Answer

    Solution

    Order 6 Rule 17 of the CPC states: "The Court may at any stage of the proceedings allow either party to alter or amend his pleadings... 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". This proviso was added by the Amendment Act of 2002.

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