Explanation:

According to Order VI, Rule 17, the court may allow the amendment at any stage of the proceedings and for such purpose it may impose conditions in the form of cost or any other conditions. The proviso to Order VI Rule 17 of the Code of civil procedure puts a mandate upon the court not to allow such amendment after the trial has begun (If issues have been settled), if it finds that the party could have raised the pleadings by due diligence at an earlier point of time. However, the proviso need not be given a very, rigid effect in all cases as the same is subject to the discretion of the court. The main object of the legislation is to enable the court to allow amendment at any stage.Further, it was held by the Honble SC in Salem Advocate Case ('AIR 2005 SC 3553) that by the 2002 amendment, which added the proviso to Order VI Rule 17, the burden of proof has been shifted upon the applicant who makes the application for amendment after the trial has commenced, to prove that despite due diligence be could not have raised the issue before the commencement of trial.