What happens when the court grants an amendment to a pleadings after the close of evidence under O 6 R 17 of BCSJ Rules?
evidence judiciary advanced questionMaine kya jaanta hai, bas yaad hai ki Amendment of Pleadings mein koi limitation hota hai, phir yeh O 6 R 17 ke under close of Evidence ke baad amendment kyu allow karta hai? Kisi case mein dekha hai ki court nay O 6 R 17 use karke amendment accept kiya, lekin kisi anya case mein dismiss kiya. Maine kahaan dekha hai ki ye amendment only possible hai jab court ne us article ko read karta hai. Ab mera confusion yeh hai ki kya hamari Court ko bhi usi article ko read karna hota hai to humko amendment accept kiya ja sakta hai?
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Under O 6 R 17 of BCSJ Rules, amendment to pleadings after close of evidence is generally allowed at court's discretion. However, it's crucial to note that amendment can still be allowed even after close of evidence if it's made for substantial justice. The court considers factors like whether new evidence has come to light or if substantial injustice would be caused if amendment is not allowed. It's a fact-sensitive inquiry, and the court's discretion is not unfettered.
Yar, when court grants amendment to pleadings after close of evidence under O 6 R 17 of BCSJ Rules, it's called 'reopening of case'. Court can allow amendment if it's satisfied that substantial justice has not been done, or if material omissions or inaccuracies have come to its notice, or if defendant's ability to defend has not been prejudiced. It's discretionary, so no clear-cut rules.