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Apprentice (Associate)     10 March 2013

Amending a written statement after trial commences?

The Defendant would like to amend his Written Statement in a case that I am helping with. Are these valid reasons?

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  • The Plaintiff adduced evidence which he had not pleaded in his Plaint - i.e. no reference was made to the evidence at all. This evidence in fact helps the Defendant's case. The Defendant would like to use this evidence to prove his case.
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  • The Plaintiff in his Affidavit of Examination in Chief has gone beyond the scope of his pleadings in his Plaint. The Defendant would like to address this new allegation with additional primary/original evidence.
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  • The Defendant has now gathered some more new evidence that will help bring out the true controversy in the case - it is imperative to bring out the true facts of the case.
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Could you also provide some relevant case citations to help the application for amending his Written statement?

 

Thanks for any guidance you may be able to provide :-)



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 March 2013

Yes defendant can amend his written statement when there is new fact.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     10 March 2013

But instead of going for the amendment it is better to cross examine the plaintiff.  The evidence given beyond his /her pleasdings in the plaint, such evidence will be discarded.

1 Like

Apprentice (Associate)     10 March 2013

Adv Rajeev,

Why is it better to bring out this fact during cross examination rather than amending the Written Statement? Thanks for your advice.

Advocate Bhartesh goyal (advocate)     10 March 2013

Courts are more liberal in allowing an amendment of a written statement then that of a plaint.Addition of a new ground of defence or substituting or altering a defence or taking inconsisting plea in the written staatement  can also be allowed.please go through the s.c judgment 2010[1] civil court cases 446 {S .C] Sushil Kumar Jain vs Manoj Kumar.Also amendment can be allowed on the ground of "subsequent event" which may came up during pendency of proceedings.

1 Like

Apprentice (Associate)     11 March 2013

Thank you so much Adv Goyal for those case citation. I also researched in to this aspect (was up all night :) ) and came across an article written by Justice Tarun Chatterjee, Supreme Court of India. There I found a few more case citations:

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  •  B.K. Narayana Pillai v. Parameswaran Pillai (2000(1) SCC 712)
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  •  Baldev Singh & Ors. v. Manohar Singh (2006 (6) SCC 498)].
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  • Basavan Jaggu Dhobi v. Sukhnandan Ramdas Chaudhary (Dead) [1995 Supp (3) SCC 179]. 

 


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