When a pleading lacks a disclosed cause of action, the first and most crucial step is to identify the missing material facts—such as specific wrongful acts, dates, events, or legal duties—that connect the defendant’s conduct to the plaintiff’s right to relief. Once these gaps are recognized, experienced lawyers promptly file an amendment application under Order VI Rule 17 of the Civil Procedure Code (CPC), attaching a proposed amended plaint that clearly presents the complete factual and legal foundation of the claim. They ensure the new pleadings include all essential elements of the cause of action, supported by documents like contracts, notices, correspondence, or records showing the violation of a legal right. Before submission, top lawyers conduct a pleadings audit to verify consistency between facts, documents, and relief sought, ensuring the amendment doesn’t alter the fundamental nature of the case. During the hearing, they argue that the amendment is necessary for the just resolution of the dispute and that courts, following established precedents, should favor substance over form. This strategic and timely approach allows the defect to be cured effectively, preserving the case’s validity and preventing rejection under Order VII Rule 11 CPC.
