Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is D: all of the above.

Pleading can be amended before the trial court, before the first appellate court, and before the second appellate court, as per Order 6 Rule 17 of the Code of Civil Procedure, 1908. However, the court will allow amendment only if it is necessary to determine the real questions in controversy between the parties, and if it does not cause injustice or prejudice to the other party. The purpose of this provision is to promote the ends of justice and not to defeat the law.

Some of the principles that guide the court in granting or rejecting the amendment of pleadings are :

- The amendment should not introduce a new cause of action or change the character of the suit.

- The amendment should not be inconsistent with the previous pleadings or admissions of the party.

- The amendment should not be made after an undue delay or laches on the part of the party seeking it.

- The amendment should not be made to avoid the effect of a judgment or order already passed by the court.

- The amendment should not be frivolous, vexatious, or mala fide.