Amendment of pleadings

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

Next date of hearing: [DATE]

APPLICATION UNDER ORDER VI RULE 17 READ WITH SECTION 151 CPC FOR AMENDMENT OF THE [PLAINT / WRITTEN STATEMENT]

Respectfully showeth:

1. That the applicant filed the [PLAINT / WRITTEN STATEMENT] on [DATE], and the case is now at the stage of [STAGE].
2. That the applicant seeks to make the following amendments: (a) in paragraph [__], for the words "[EXISTING TEXT]", substitute "[PROPOSED TEXT]"; (b) after paragraph [__], insert a new paragraph [__]: "[PROPOSED TEXT]"; (c) [__]. A copy of the amended [plaint / written statement] is annexed.
3. That the amendment is necessary for determining the real questions in controversy between the parties because [REASON].
4. That the effect on the nature of the [suit / defence], existing admissions and the other party is [SPECIFY]. Any prejudice can be addressed by [TERMS AND OPPORTUNITY], for the reasons stated below.
5. [If trial has commenced: That despite due diligence, the applicant could not have raised the matter before the commencement of trial because [REASON], as required by the proviso to Order VI Rule 17.]
6. That each proposed change is shown in a comparison schedule: existing paragraph [ ], exact deletion [ ], exact insertion [ ], and consequential prayer/valuation change [ ]. The clean amended pleading accompanies this application.
7. That the amendment concerns the real controversy because [specific issue]. It is based on [existing transaction / later event] occurring or discovered on [date], supported by [record].
8. That the trial [has / has not] commenced, with reference to [orders and stage]. If commenced, despite due diligence the matter could not have been raised earlier because [steps, dates and impediment]; a bare inadvertence assertion is not relied on.
9. That the proposed amendment [does / does not] affect an admission, introduce a new claim or alter the nature of the case; the actual effect is [analysis]. Any accrued limitation defence is addressed by [dates and legal basis].
10. That prejudice can be met by [reply, additional issue, evidence opportunity and costs], and the reasons the proposed change is bona fide are [facts].
11. That [OPTIONAL: retain only after verifying the cited rule and these facts] each amendment in [comparison schedule] addresses [real issue]. Applying Revajeetu, necessity, bona fides, limitation, admissions and prejudice are answered by [specific facts]; if trial has commenced, the separate due-diligence requirement is satisfied by [dated steps and impediment].

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be permitted to amend the [plaint / written statement] as proposed, and the amended pleading may be taken on record.

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IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That the deponent is competent to swear this affidavit and the accompanying [suit / petition / application] has been drafted by counsel on the deponent’s instructions. Its contents have been read over and explained in [LANGUAGE], understood by the deponent, and are incorporated as part and parcel of this affidavit; the factual statements are true to the deponent’s knowledge or identified records, and legal submissions are based on advice believed to be true.
2. That [no same or similar suit / petition / application on the same cause of action has been filed / the following prior or pending proceedings, outcomes and orders are fully disclosed: ___]. Nothing material has been concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Note: To be sworn before an Oath Commissioner / Notary Public and stamped as required by the applicable rules.

Preparation and judgment application — not part of the filing draft

Updated 11 October 2026. Complete every material fact, retain only supported alternatives, and renumber before filing. These notes support professional adaptation; they do not supply missing evidence or guarantee relief.

Filing and relief checks. Examine the Order VI Rule 17 proviso separately after trial commencement. Attach a marked comparison and clean version; address limitation, admissions and prejudice expressly.

Fact-specific authority. Revajeetu Builders & Developers v. Narayanaswamy & Sons, (2009) 10 SCC 84; 9 October 2009, paras 61–70, especially 67. Relate necessity, bona fides, prejudice, changed character and limitation to each amendment. The liberal approach does not excuse withdrawal of a material admission or failure to satisfy post-trial due diligence. Read the judgment

Before relying on any authority, compare the material facts, procedural stage, statutory version and precise relief; check subsequent treatment and applicable local practice. Keep the authority note separate from the signed pleading. For criminal procedure, determine Section 531 BNSS savings rather than select the code solely from the alleged offence date.