Presently a civil suit is going on in Ropar courts between me as a defendant and another person as a plaintiff. The civil court has allowed the amendment in the civil suit under order 6, rules 17 of the Code of Civil Procedure for amendment of the plaintiff at a time when the case is ripe for final arguments. Can it be done by the civil judge at such a belated stage of the suit ?

No doubt both the parties have led evidence and the case has reached the stage of arguments. The amendment at the belated stage cannot be declined merely on the ground that the case has now been fixed for arguments and act this stage, the amendment cannot be allowed. If the amendment in question goes to the very root of the case, the amendment can be allowed, if it satisfies the mandatory ingredients and bonafide character of the proposed amendment.

If amendment is found to be necessary for deciding the list on merits, the same can be allowed and the procedure alone cannot be treated to be impediment in allowing such amendment even at a belated stage. To do substantial justice and to decide the controversy between the parties, the nature of amendment can be appreciated. There is thus no illegality in allowing the amendment at the stage of even the final arguments of the case.