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Importance of Plaint/written statement/pleading

(Querist) 17 May 2008 This query is : Resolved 
Can the plaintiff or defendants can resile from the facts stated by them in Plaint or written statements
Prakash Yedhula (Expert) 17 May 2008
The court may strike off or amend the pleadings by the applicant made under Order VI Rule 16 & 17 of Civil Proceudre Code provided the aplicant is able to satisfy the court.

"16. Striking out pleadings

The Court may at any stage of the proceedings order to be struck out or amended any matter in any pleading-

(a) which may be unnecessary, scandalous, frivolous or vexatious, or

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or

(c) which is otherwise an abuse of the process of the Court.]

17. Amendment of pleadings.-

The Court may at any stage of the proceedings allow either party o 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."

amit gupta_lawyer (Expert) 18 May 2008
i totally agree with mr.yedhulaprakash and more to add on this i would say that its totally on the discreation of the court to take that amendment as per the situation and circumstance and if court find that such ammendment is of no value and mere to delay the proceeding then court may turn down such request.
Srinivas.B.S.S.T (Expert) 20 June 2008
the plaintiff or Defendant can alter or amend their pleadings but they cannot totally resile from their earlier versions.


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