Amendment in WS

Amitabha Gupta (Querist) 20 March 2010 This query is : Resolved
My question is 'can an amendment be carried out in the WS whereby an inadvertent admission can be withdrawn, before the framing of issues?'

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adv. rajeev ( rajoo ) (Expert) 20 March 2010
amendment can be carried out by filing an application for amendment.

Amitabha Gupta (Querist) 20 March 2010
thanks for your wonderful answer

Raj Kumar Makkad (Expert) 20 March 2010
Even though law of amendment is liberal and any admission can also be withdrawn thereto but definitely it can derive an adverse inference if any contradictory plea is relied upon in that particular suit at any subsequent stage.

Amitabha Gupta (Querist) 20 March 2010
can u give give me any citation on the point asked by me.

Kiran Kumar (Expert) 20 March 2010
the amendment has to be before the commencement of trial, read o.6 r. 17 CPC

Kumar Thadhani (Expert) 20 March 2010
ANY amendment which is carried out in WS shallbe made before the commencement of the trial.

Prakash Yedhula (Expert) 20 March 2010
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties.

Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court conies to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

Amitabha Gupta (Querist) 21 March 2010
I would be highly obliged if the experts give specific answer to my question instead of citing the provisions of CPC.

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