CPC O. 6 R. 17 – Evidence had begun and thereafter amendment application was filed –  Without a finding that the party could not have raised the matter before commencement of trial with due diligence, the application for amendment cannot be allowed

Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 – Evidence had begun and thereafter amendment application was filed –  Without a finding that the party could not have raised the matter before commencement of trial with due diligence, the application for amendment cannot be allowed – Without their being any finding by the Court as contemplated by Order VI Rule 16 proviso, the Court ought not to have allowed the amendment.

2020 PLRonline 5013

,Pandit Malhari Mahale  v. Monika Pandit Mahale, 2020 PLRonline 5013