Order VI Rule 17 CPC Proviso Not Applicable To Pre-2002 Suits: Allahabad High Court Permits Amendment In 1997 Plaint

Recently, the Allahabad High Court allowed an amendment application filed in a suit filed in the year 1997 on grounds that the amendment in proviso to Rule 17 of Order VI, specifying the bar on amendments in suits after commencement of trials, was enacted in 2002, i.e., after filing of the suit. Justice Manish Kumar Nigam held “The suit is of the year 1997 which is pre amendment and...