04 October 2019
Im for plaintiff in partition suit ..2nd defendant filed original written statement in the year of 2010 D2 died on 2018 now his LRs for drag d matter two months back filed amendment application u/o 6 r 17 cpc for amending the written statement and after two months 2nd time again filed amendment application for amending the written statement seeking to add certain self aquired properties of plaintiff and concocted theory I.e plaintiff name impersonation dispute ....the suit filed in the year of 2007 .any sujjessions or Any citations to reject the written statement amendment application ..?
05 October 2019
Order 6 Rule 17 provides enough discretion on the part of the judge to accept or reject any amendment depending on the facts in the case. No case law of whatever court is binding on the court as it is the law that provides ample discretion to the court.
If you can convince the court that the other party is engaging in delaying tactics and the amendment petition is not for essentially determining the real question in dispute the court will not and cannot allow the amendment, if the judge has some sense of law particularly when the court is bound under the directions of SC to resort to speedy disposal of old cases.
05 October 2019
Vague and incomplete information can not lead to form an opinion and oblige. Citations are not provided on this platform. It is advisable to consult a local prudent lawyer with case file for better appreciation of facts, guidance and proceeding.