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Whether prolonged delay is grounds for rejection of amendment to pleadings where other party could be compensated by costs?


The purpose of Order 6 Rule 17 of the Civil Procedure Code is to allow either party to amend his pleadings in such manner and on such terms as may be just. The power to allow an amendment is wide and can be exercised at any stage of the proceedings.

The defendant has a right to take alternative plea in defence so long as by the proposed amendment, the other side should not be subjected to injustice and that any admission made in favour of the plaintiff is not withdrawn.

Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment.

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