https://www.taxtmi.com/caselaws?id=198006 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. en-us Thu, 28 Jul 2005 00:00:00 +0530 Sat, 20 Jan 2018 13:02:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198006 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. Case-Laws Indian Laws Thu, 28 Jul 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198006