Shree Chandeshwari Kalui vs State of Bihar and Another

Navaniti Pd. Singh, J.—Heard Shri Samrendra Pratap Singh, learned Senior Counsel appearing on behalf of petitioner. This is the plaintiff''s application against order rejecting the amendment. The amendment has been sought at the appellate stage of the suit. The amendment, as sought, was that alternatively the plaintiff had acquired title by adverse possession. This is being sought to be added to the plaint at the appellate stage.

In my view, it is now not permissible to make any amendment to the pleading at appellate stage. There is only one exception which gives the jurisdiction to the Court to allow such amendment. That is that where a party, even after due diligence, could not raise the matter before the commencement of trial. A reference may be made to Order 6 Rule 17 and more particularly the proviso thereto as introduced by the amendment in the year, 2002. No discretion is left to the Court except in the circumstances mentioned above once the stage of commencement of trial has crossed. The position, as stood earlier prior to this amendment whereby amendment of pleadings could be allowed at appellate stage, has undergone a drastic change. In view of the above legal position, I find no error of jurisdiction in the appellate Court in disallowing the amendment. The application is, thus, dismissed.