Report No. 163
Q.30. Order 14, rule 5 (Amendment, etc., of issues): Clause 24(ii) of the Bill
Existing Order 14, rule 5 of the Code empowers the court to add to or amend, the issues, even after they are framed. The Bill seeks to delete this rule. It seems to have been assumed that since the power to grant leave to amend the pleadings (Order 6, rule 17) is to be removed, [Q.12, supra]. [see Clause 16(iii) of the Bill], therefore, there is no need to retain the provision relating to addition etc. of issues.
However, it needs to be pointed out that this is not a totally complete or accurate picture of the position. Addition to, or amendment of, the issues may become necessary or desirable, not only by reason of amendment of the pleadings, but also because, even on the pleadings as filed originally, some issues may have been incorrectly framed. Obviously, the court should have power to rectify the mistake.
Moreover, even leaving aside these situations (i.e. amendment of the issues, consequential on amendment of pleadings or necessitated by mistake of the court), there may exist other special circumstances, justifying a re-framing of the issues. The following is an illustrative list.