Order VI Rule 17 CPC says a Court can allow amendment at ‘any stage of proceedings’. It is true that the proviso to this Rule restricts the scope of it after the stage of commencement of trial. But even thereafter amendment can be allowed in deserving situtations. So the question here actually is whether ‘any stage’ includes appeal stage?
In Kashi Naresh Mehrotra vs Roop Narayan Chaudhari 2007 (4) AWC 3463 , Allahabad HC held that an amendment in the plaint can be allowed at any stage of the proceedings and even in a revision which like an appeal is also a continuation of the suit.
In a recent judgment, Karnataka HC noted that the amendment of pleadings could be made at any stage of the proceedings and that there are instances where an amendment is even permitted in the second appeal.