Application for Amendment of Pleadings

IN THE [court_name] I.A. NO. ________ OF 20____ IN CASE NO. [case_number] IN THE MATTER OF: [applicant_name] ... [applicant_role] / APPLICANT VERSUS [opposite_party] ... OPPOSITE PARTY APPLICATION UNDER ORDER VI RULE 17 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING LEAVE TO AMEND THE PLEADINGS MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter is pending before this Hon'ble Court, and is presently at the stage of [trial_stage]. 2. PROPOSED AMENDMENTS The Applicant seeks leave to amend the pleadings as follows: [proposed_amendments] 3. REASON FOR THE AMENDMENT [reason_for_amendment] 4. That the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties, and without it the true controversy cannot be effectually adjudicated. 5. That the amendment sought does not change the nature and character of the case, nor does it introduce an entirely new or inconsistent case. It merely clarifies and elaborates what is already pleaded. 6. That the amendment does not withdraw any admission made by the Applicant, nor does it seek to take away any right that has accrued to the opposite party. 7. That the Applicant has acted with due diligence. The facts sought to be introduced could not have been raised earlier despite due diligence, for the reasons stated above. 8. That no prejudice will be caused to the opposite party by the amendment, and any inconvenience can adequately be compensated by an order as to costs. The opposite party will have full opportunity to file a consequential amended reply. 9. That it is well settled that courts should be liberal in allowing amendments so as to avoid multiplicity of proceedings, provided the amendment is necessary to determine the real controversy and does not cause irreparable prejudice. 10. That this application is made bona fide and in the interests of justice. PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Grant leave to the Applicant to amend the pleadings in the terms set out above; (b) Permit the amended pleading to be taken on record; (c) Grant the opposite party liberty to file a consequential amended reply, if so advised; and (d) Pass such other orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY. Place: ______________ Date: [application_date] [applicant_name] APPLICANT Through ______________________ ADVOCATE IMPORTANT — THE PROVISO TO ORDER VI RULE 17 The proviso provides that NO application for amendment shall be allowed AFTER THE TRIAL HAS COMMENCED, unless the court concludes that in spite of due diligence the party could not have raised the matter before the commencement of trial. This makes the timing of the application decisive. An amendment sought before trial commences is dealt with liberally; one sought afterwards must overcome the due-diligence threshold, and paragraph 7 above exists precisely to address it. Apply as early as the need becomes apparent.