amendment of written statement on ground of conducting lawyer's mistake

4WhatIsRight (Querist) 02 January 2013 This query is : Resolved
A defendant in a t.s. for specific performance of contract, wherein issues have been framed, has pleaded in his application for amendment of written statement that certain statements in written statement filed are not in accordance with his instruction to his previous lawyer.
hence he wants to delete a particular paragraph and add a new paragraph.

Can such plea be allowed where the defendant a learned man has verified all pages of the w.s. under affidavit?

-the plea which he wishes to introduce is dishonest plea.
-not a case of despite due diligence
-repudiation of clear admission is to deprive the plaintiff from rights accrued to him by the admissions and it displaces the plaintiff completely from the admission in the original written statement.

I need some current citations for refusal of objection to amendment of written statement.

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ajay sethi (Expert) 02 January 2013
object to amendment of WS as issues have already been framed . you have to state that it will prejudically affect your interests as defendant has duly admitted his liablilty . for citations visit indian kanoon website

Devajyoti Barman (Expert) 02 January 2013
Amendment of pleading especially ws is liberally allowed unless it alter the very nature of the case. Since the trial has not commenced it is likely to be allowed.