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Criminal Procedure Code QUESTION #9525
Question 1
A is aggrieved by an order made by the trial Court rejecting his application for amendment of the plaint. A wants to challenge this order. What is the appropriate remedy?
  • File a second appeal to the High Court
  • File a fresh suit
  • File a revision petition to the High Court since an order rejecting amendment of a plaint is an order under Order VI Rule 17 from which no appeal lies but which may be revised✔️
  • File a direct appeal to the appellate Court under Order XLIII
Correct Answer Explanation
An order refusing amendment of a plaint under Order VI Rule 17 is not an appealable order listed under Order XLIII CPC. The aggrieved party's remedy is revision under Section 115 CPC before the High Court, as the trial Court's refusal may constitute a material irregularity or excess of jurisdiction.