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Kavitha SG (Housework)     29 July 2015

Can written statement(ws) be re-amended??

Respected Members...

I want to ask that, Can the Written Statement (WS) of any petition be re-amended...???

means is it possible to re-amend any petition before it reach to the end of th case...???



Learning

 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 July 2015

 a prayer for amendment of the plaint and a prayer for amendment of the written statement stand on different footings. The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. It has no counterpart in the principles relating to amendment of the written statement. Therefore, addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement would not be objectionable while adding, altering or substituting a new cause of action in the plaint may be objectionable.


(Guest)

Mean to say you want to make correction in your papers. For that you have to withdraw your papers and write re-exam papers ie submit new papers altogether for court to read your story once again , now that you have forgot to add or remove somethings in the original paper. The law is quite flexible.

Kavitha SG (Housework)     30 July 2015

Actually...in the case (divorce filed by the husband) some of the important facts intentionally(by the X lawyer) has not been mentioned into WS thats why,need to re-amend the WS so, that the real n important facts along with the proofs wanted to take in front of the court for the justice purpose...So, just wanted to know...

Samir N (General Queries) (Business)     31 July 2015

Whatever you try to amend, try to make sure that it is worded in such a way that you are not directly taking away any admissions already made. You can add new statements that make the admissions already made ambiguous.  If you have made an admission that you regret making, add something that nullifies its impact. Inconsistent defenses in amended statements are allowed. Wierd but true! I know this because I had to amend my WS because of the same reason: My advocate messed thing up real badly and forced me to sign at the last minute. I was rather ignorant in law at that time.... Before you submit your Written Statement, read this Supreme Court Judgment: https://indiankanoon.org/doc/610338/   Admittedly, I am a little rusty on the subject but I remember referring to it. So, please read it rather than relying on my response or other posts here... 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     31 July 2015

W.S. and plaintiff may be amendment with out changing nature and charecter of the case but after obtaining permiton of court

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 August 2015

Amendmend is permisibble with Pemissible of court. Hoevee whatever has been admitted in their�written�statement�the respondenit is not permissible to withdraw such admission by subseuqent anamendment�of the�writtenstatement�as that will amount to totally displacing the case of the plaintiff causing irretrievable prejudice to plaintiff n will defunct the plaintiffs purpose.

Biswanath Roy (Advocate)     03 August 2015

Normally a Court does not allow to amend w.s. as because it contains denial of allegations contained in the Plaint  save and except removal of error or typographical mistake which may create hindrances in rendering justice.

Biswanath Roy (Advocate)     03 August 2015

Although amendment in w.s. is restrictive but supplementary written statement shall be allowed as explanatory to the allegation dealt with earlier.

deep (deep)     04 August 2015

Next time read before sign

Biswanath Roy (Advocate)     04 August 2015

@ Victim,

Your post is ambiguas and not curative.

Biswanath Roy (Advocate)     04 August 2015

@ victim,

Your post is ambiguous and not curative. Hence, requesting to explain.

Kavitha SG (Housework)     11 August 2015

Respected Members...

Thank you...!!!


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