Rajkumar Gurawara v. S.F.K.

(2008) 14 Supreme Court Cases 151Supreme Court of India2008Civil Procedure Code and Law of Limitation

Rule established

Post-trial amendment of pleadings was refused where the party's failure to include the ground earlier was due to lack of due diligence, not impossibility. The 2002 proviso to Order VI Rule 17 (no amendment after commencement of trial except due diligence) was applied strictly.

Facts

After the trial had commenced (evidence already led), a party sought to amend the pleadings to introduce a new ground
The ground existed and was available before the trial commenced
The party's failure to include it earlier was attributed to oversight or negligence, not to any new fact emerging post-trial

Issue

Whether a post-trial amendment is permissible where the ground was available before trial but was omitted due to lack of diligence.

Held

The 2002 proviso to O.VI R.17 restricts post-trial amendments
Amendment after commencement of trial is permitted only if the party proves due diligence: that the matter could not have been raised earlier
Where the omission is due to negligence or oversight (not impossibility), the amendment must be refused
This proviso balances the liberal amendment power with the interest in finality and preventing trial-by-ambush

Ratio Decidendi

Post-trial amendments require proof of due diligence. Omission due to negligence (not impossibility) disentitles amendment after trial commencement. The 2002 proviso is applied strictly.

How to use it in an exam

Contrast with Bhagwati Prasad (1966): Pre-2002, liberal approach. Post-2002, due diligence proviso restricts late amendments.
Key line: "In Rajkumar Gurawara (2008), post-trial amendment was refused as the party failed to show due diligence. The 2002 proviso to O.VI R.17 requires that the matter could not have been raised earlier."

Source

Source: (2008) 14 SCC 151; verified via standard CPC references

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.

Cited in study notes

Pleadings Contents Forms and AmendmentPost-trial amendment: 2002 proviso