“13. Before parting we feel inclined to make certain
observations about the loose practice prevalent in the
subordinate courts in entertaining and dealing with applications
for amendment of pleadings. It is a disturbing feature and, if
such practice continues, it is likely to thwart the course of
justice. The application moved by the occupants for
amendment in their written statements filed earlier did not
specifically set out which portions of the original pleadings were
sought to be deleted and what were the averments which were
sought to be added or substituted in the original pleadings.
What the amendment applicants did was to give in their
applications a vague idea of the nature of the intended
amendment and then annex a new written statement with the
application to be substituted in place of the original written
statement. Such a course is strange and unknown to the
procedure of amendment of pleadings. A pleading, once filed,
is a part of the record of the court and cannot be touched,
modified, substituted, amended or withdrawn except by the
leave of the court. Order 8 Rule 9 CPC prohibits any pleadings
subsequent to the written statement of a defendant being filed
other than by way of defence to a set-off or counterclaim except
by the leave of the court and upon such terms as the court
thinks fit. Section 153 CPC entitled “General power to amend”
provides that the court may at any time, and on such terms as to
costs or otherwise as it may think fit, amend any defenct or
error in any proceeding in a suit; and all necessary amendments
shall be made for the purpose of determining the real question
or issue raised by or depending on such proceeding. Order 6
Rule 17 CPC confers a discretionary jurisdiction on the court
exercisable at any stage of the proceedings to allow either party
to alter or amend his pleadings in such manner and on such
terms as may be just. The Rule goes on to provide that all such
amendments shall be made as may be necessary for the purpose
of determining the real questions in controversy between the
parties. Unless and until the court is told how and in what
manner the pleading originally submitted to the court is
proposed to be altered or amended, the court cannot effectively
exercise its power to permit amendment. An amendment may
involve withdrawal of an admission previously made, may
attempt to introduce a plea or claim barred by limitation, or,
may by lapse of time and so on. It is, therefore, necessary for
