Law · Civil Procedure Code
Which of the following propositions is incorrect regarding the power to permit amendment of pleadings under Order VI Rule 17 of the CPC?
Verified Solution4 OptionsUpdated: October 2026👁️1 View
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- 1The court is normally proscribed from deciding the correctness or falsity of the case in the amendment when deciding an application for amendment.
- 2The basic or cardinal test for deciding whether an amendment should or should not be allowed is the 'real controversy test'.
- 3Amendments which cause severe prejudice to the other side that cannot be compensated with costs may not be allowed by the court.
- 4Amendment of the pleadings must be allowed at any stage of the proceedings, even after the trial has commenced, without demonstrating due diligence.✓
Correct answer
Amendment of the pleadings must be allowed at any stage of the proceedings, even after the trial has commenced, without demonstrating due diligence.
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