STATE BANK OF HYDERABAD vs TOWN MUNICIPAL COUNCIL

The Supreme Court held that the proviso to Order VI, Rule 17 of the Code of Civil Procedure, 1908, which restricts amendments after the trial has commenced, does not apply to suits filed before the amendment came into effect on 1.07.2002. The Court found that the High Court erred in relying on this proviso to deny the appellant's application for amendment, as the suit was filed in 1998. The Court thus set aside the High Court's order and allowed the amendment, remanding the case for fresh consideration.