CPC O. 6 R. 17 – ‘due diligence’ – Fault of lawyer

cpc, 1908, O. 6 R. 17 – Amendment of written statement – ‘due diligence' –  Amendment application filed after commencement of trial – Degree of prejudice to the other side by an amendment after the commencement of trial is greater than one at pre-trial stage  – due diligence is distinct from ignorance. In spite of knowledge, ignorance by party or an advocate cannot be a matter of due diligence. The neglect to perform an action which one has an obligation to do cannot be called as a mistake – Defendant are blaming their earlier advocate for not making sufficient and elaborate pleadings and there is a dispute going on between defendant and their counsel –  That due to the mistake of counsel, the parties cannot be made to suffer or denied the fair trial of the suit by putting forth their defence – Not case of defendant that he had brought the matter to the knowledge of his counsel and despite the knowledge of those facts, counsel did not incorporate same in written statement either deliberately or otherwise – Ignorance by party or his counsel, inspite of knowledge – Cannot be matter of ‘due diligence' – Application, rejected.

2014 PLRonline 0204

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