the case posted for defendant side further witnesses. now the defendants are filed additional written statement. same is maintainable or not in this stage.
Vijay Raj Mahajan (Advocate) 01 November 2017
Amendment of the pleadings (in this case the written statement of the defendent) can be allowed at any stage before the finalisation of the case by final order of the court.
manoj 01 November 2017
The amendment of written statement should not be allowed after commencement of trail. The Provision of Order 6 Rule 17 CPC to amend the pleadings the petitioner should prove that whether there is any due dilignece on petitioner side, otherwise such amendments should not be allowed. There are number of supreme court judgments after commencement of trail, the amendments should not be allowed. If you want I will provide Judgments on this issue.
Thanks I was also thinking on this point.
In one case when trial started and one witness cross completed but Act under whose provision the suit was filled that act was amended and Hon. Court can not grant the relief claimed in the plaint hencefoth.
So at this point I was thinking of moving application to amend Written Statement and I am pretty sure it will be allowed looking at circumstances of the case.
But now Question
1) Which arose in such case after the amendment of the written statement is done in this fashion whether the preliminary issue can be framed regarding maintainability of the suit at this stage and decided ? or we need to add Issue with other Issue ?
Because it will be a waste of dates and case can run for years and at last, the case will be dismissed for non-maintainability and required relief cannot be given as it is now prohibited in the act
Vijay Raj Mahajan (Advocate) 02 November 2017
Azhagananth (Lawyer) 04 November 2017
ORDER 8 RULE 9 of C.P.C. Subsequent pleadings.- No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court and upon such terms as the Court thinks fit: but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same.
- it gives discretion to the Court concerned to allow the subsequent pleadings, for which it is not necessary whether that defence was available on the date of filing of the original written statement or not - The Courts shall exercise their discretion liberally, when it will not affect the right of the party -
https://indiankanoon.org/doc/43952799/ - Check the link to view the judgment squarely appicable to ur question.