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Apprentice (Associate)     30 March 2013

Amendment vs additional written statement

When the new facts sought to introduced are extensive in nature and critical to the case, is it  better to file an Application to amend Written Statement or to file an Additional Written Statement?


Thank you for any advice :)

 3 Replies

aparnakanampalle (PARTNER)     30 March 2013

In my opinion, it is better you file an amendment application for the written statement already filed as the facts which you like to put before the court is critical in nature.

1 Like

Advocate Bhartesh goyal (advocate)     30 March 2013

If defendant wants to add or delit any facts,he has to move an application for amendment in pleadings u/o 6 r 17 of cpc.Additional written statement can only be allowed when opposite party brings new facts in his pleadings.

1 Like

Apprentice (Associate)     01 April 2013

Thank you so much Advocate Goyal. Yes, Plaintiffs have brought new evidence without pleading facts and had sought to completely change their case and cause of action. 

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