A party cannot amend another party’s pleadings under Order VI Rule 17 CPC.

In O.S. No. 93/2013, defendant Nos. 9 to 11 filed I.A. No. IV/2023 under Order VI Rule 17 CPC seeking to add a property as a new item in the suit schedule.

Although the application sought amendment of the plaintiffs’ plaint, the Trial Court allowed it by order dated 14 March 2023.

Defendant No. 3(a) challenged that order, arguing that the defendants could not seek amendment of the plaintiffs’ pleadings.

The respondents accepted that the wrong provision had been invoked and stated they had no objection to the order being set aside, subject to liberty to file an appropriate application.

Whether the Trial Court could allow an application by defendants under Order VI Rule 17 CPC to amend the plaintiffs’ pleadings

Order VI Rule 17 CPC provides for amendment of a party’s own pleadings.

A defendant’s application under that provision cannot be used to amend the plaintiff’s pleadings.

The judgment cites no precedent.

The application was filed by defendant Nos. 9 to 11 and expressly sought permission to amend the plaint by adding a property as a new suit-schedule item.

Because Order VI Rule 17 CPC concerns amendment of a party’s own pleadings, the application was not properly framed to amend the plaintiffs’ plaint.

The respondents’ concession that the wrong provision had been invoked supported setting aside the Trial Court’s order.

It granted liberty to file an appropriate application in accordance with law and left the parties’ rights and contentions open before the Trial Court; pending applications were closed.