MAHARAJ SINHA,J. - (1.) This is an application for amendment of the plaint. The amendments which the plaintiff wants to introduce are stated and marked in the copy of the plaint including its concise statement annexed to the application as annexure "X" appearing at pages 9, 10 and 11 thereof.
(2.) I have examined the amendments which the plaintiff wants to introduce including the portion of the plaint the plaintiff wants to delete from the plaint and I am of the opinion that the amendments sought by the plaintiff at this stage of the proceedings are "necessary for the purpose of determining the real questions in controversy between the parties" and on this basis I think the amendments as sought should be allowed.
(3.) The contention of Mr. Joy Saha, learned Counsel appearing on behalf of the defendant, however, is that though the Court has power to allow amendment at any stage of the proceedings under Order 6 Rule 17, the proviso to the said Rule makes it amply clear that the amendment should not be allowed after trial has commenced unless the Court comes to the conclusion that in spite of due diligence, the plaintiff could not have raised the matter before the commencement of trial. In other words, the plaintiff could not seek the amendments before the commencement of trial.;