https://www.taxtmi.com/caselaws?id=195390 Order VI Rule 17 CPC permits amendment of pleadings to determine the real controversy, but post-trial amendment is barred unless the applicant shows due diligence and that the plea could not have been raised earlier. The power is discretionary and must be used to avoid prejudice, surprise, and irremediable injustice to the opposite party. On the facts described, the proposed plea based on an alleged partition agreement had been available for years, no satisfactory explanation was offered for the delay, and the suit had already substantially progressed. The amendment was therefore refused for failure to satisfy the due diligence requirement. en-us Tue, 11 Mar 2008 00:00:00 +0530 Wed, 20 Dec 2023 15:25:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=195390 Order VI Rule 17 CPC permits amendment of pleadings to determine the real controversy, but post-trial amendment is barred unless the applicant shows due diligence and that the plea could not have been raised earlier. The power is discretionary and must be used to avoid prejudice, surprise, and irremediable injustice to the opposite party. On the facts described, the proposed plea based on an alleged partition agreement had been available for years, no satisfactory explanation was offered for the delay, and the suit had already substantially progressed. The amendment was therefore refused for failure to satisfy the due diligence requirement. Case-Laws Indian Laws Tue, 11 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=195390