To file

sk.......... (Querist) 28 June 2013 This query is : Resolved
IN CIVIL suit to file additional written statement ,along with application[to take leave of court], should i file written statement or at the later stage of hearing ,should i file w.s

Follow Query

Report Abuse

Advocate M.Bhadra (Expert) 28 June 2013
It is laid down in Order VIII, Rule of the Code of
Civil Procedure, that a defendant may, and if so required
by the Court shall, at or before the first hearing or within
such time as the Court may permit, present a written
statement of his defence. Ordinarily it is advisable to
require such a written statement and the Court should at
the time of issuing the summons call for a written
statement from the defendant on the date fixed for his
appearance. In most cases, there should be no difficulty
in presenting such a written statement on the date fixed,
and no adjournment should be given for the purpose
except for good cause shown, and in proper cases, costs
should be awarded to the opposite side. Laxity in
granting adjournments for the purpose of filing written
statements should be avoided and it should be noted that
in extreme cases contumacious refusal to comply with
the Court's order is liable to be dealt with under Order
VIII, Rule 10, Civil Procedure Code.

From a bare perusal of Order 6 Rule 17 of the Code of Civil Procedure, it is clear that the court is conferred with power, at any stage of the proceedings, to allow alteration and amendments of the pleadings if it is of the view that such amendments may be necessary for determining the real question in controversy between the parties. The proviso to Order 6 Rule 17 of the Code, however, provides that no application for amendment shall be allowed after the trial has commenced unless the court comes to a conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. However, proviso to Order 6 Rule 17 of the Code would not be applicable in the present case, as the trial of the suit has not yet commenced.

It is now well-settled by various decisions of this Court as well as those by High Courts that the courts should be liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side or on the ground that the prayer for amendment was not a bonafide one. In this connection, the observation of the Privy Council in the case of Ma Shwe Mya v. Maung Mo Hnaung [AIR 1922 P.C. 249] may be taken note of.
- See more at: http://www.legalblog.in/2010/12/amendment-of-pleadings-written.html#sthash.IL0lAgaB.dpuf