Ws amendment/ modify

Kishor (Querist) 18 June 2023 This query is : Resolved
Can amend WS / modify at any stage?

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A Written Statement (WS) can generally be amended or modified at any stage of legal proceedings. The court has the power to allow alterations to pleadings to clarify the real issues in dispute. However, amendments are typically not permitted after a trial has begun, unless the court is satisfied that the matter could not have been raised earlier despite due diligence. The general principle is to allow amendments, even if they introduce new defences, alter existing ones, or involve taking inconsistent pleas.

kavksatyanarayana (Expert) 18 June 2023
What does WS mean? What is your problem? Please state the full facts.

T. Kalaiselvan, Advocate (Expert) 19 June 2023
Or. 6 R. 17 : Amendment of Pleadings : 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 questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial. while allowing amendment of a written statement, general principle is that the amendment should be allowed even if it amounts to addition of new grounds of defence,substituting or altering a defence or taking inconsistent pleas in the written statement

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