Amendment of pleadings after trial begins requires due diligence and cannot alter the suit's nature without statutory compliance.

After commencement of trial, an amendment to the plaint can be allowed only if the applicant pleads and proves that, despite due diligence, the matter could not have been raised earlier. The court held that this burden was not discharged where the plaintiff had prior s to seek the relief, including during an earlier amendment request, and the proposed amendment would also change the nature of the suit. The trial court erred by allowing the amendment without recording a finding on due diligence or considering the statutory restriction under Order 6 Rule 17. The supervisory jurisdiction under Article 227 was therefore available, and the amendment order was set aside.

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Issues: Whether an amendment to the plaint could be allowed after commencement of trial in the absence of a showing that, despite due diligence, the party could not have raised the matter before trial.

Analysis: The suit was instituted after the amended procedural regime came into force, so the proviso to Order 6 Rule 17 applied. Once trial had commenced, the burden lay on the party seeking amendment to establish due diligence and inability to raise the proposed plea earlier. On the facts, the plaintiff had earlier opportunities to seek the present reliefs, including when an earlier amendment was filed, but did not do so. The proposed amendment would also alter the nature of the suit. The trial court permitted the amendment without addressing the statutory embargo in the proviso or recording a finding on due diligence, thereby exercising jurisdiction contrary to law. The supervisory jurisdiction under Article 227 was available to correct that error.

Conclusion: The amendment was not permissible after commencement of trial, and the order allowing it was liable to be set aside.

Final Conclusion: The revision was allowed, the amendment application was dismissed, and the trial court's order permitting amendment was set aside.

Ratio Decidendi: After commencement of trial, an amendment of pleadings can be allowed only if the applicant pleads and proves that, despite due diligence, the matter could not have been raised before trial.

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