Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Proviso to Order VI Rule 17 (Post-Trial Amendment Bar)
Jurisdictional & Appellate Practice Terms
Definition
The statutory restriction added to Order VI Rule 17 CPC barring any amendment of pleadings after the commencement of the trial, unless the court concludes that despite "due diligence," the party could not have raised the matter before the trial started.
Example
After the plaintiff’s witnesses have been fully cross-examined, the defendant seeks to introduce a completely new defense based on documents that were in their personal custody for five years; the court rejects the amendment for lack of due diligence.