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Under the Civil Procedure Code, 1908, the pleading can be amended:
Question

Under the Civil Procedure Code, 1908, the pleading can be amended:

A.

before the 1st Appellate Court

B.

before the Trial Court

C.

before the 2nd Appellate Court

D.

before (a) and (c) only

Correct option is B


Pleadings can be amended under Order 6 Rule 17 of the Civil Procedure Code, 1908, but generally, they are amended before the trial Court. Amendments are allowed to clarify or rectify any issues in the pleadings to ensure that the real questions in dispute are adjudicated. While amendments may sometimes be permitted by the appellate Court, they are typically made during the trial stage.
Information Booster: The trial Court has broad powers to allow amendments to pleadings, provided they do not cause injustice to the other party. Amendments are generally permitted if they are necessary for determining the real issues in the case and do not introduce an entirely new cause of action.
Additional Knowledge:
· (a) Incorrect: Amendments may be allowed in appellate Courts, but they are primarily for the trial Court.
· (c) Incorrect: Second appellate Courts rarely allow pleading amendments.
· (d) Incorrect: Pleadings are mostly amended in the trial Court.

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