Ammendment of WS after recording of version of PW1


Can the ws be ammended after the version of  PW1 is recorded. The defendant want  to ammend  the WS after commencement of trail   saying that  the Plaintiff was a curropted employee. They never riased this issue  since the case is filled, niether they are able to tell why  they could not raise this issue earlier.

 
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Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Admission - Can only be allowed to be withdrawn if it is proved that same was made under some misconception or was erroneous. (Vinod Kumar Vs M/s Baldev Krishan Rakesh Kumar) 2006(2) Civil Court Cases 556 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Admission - Once made cannot be permitted to be withdrawn or diluted by subsequent amendment. (Inder Pal Singh Vs Bankey Bihari) 2003(3) Civil Court Cases 707 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Admission already made which gave certain rights to the plaintiff cannot be allowed to be withdrawn - Amendment of written statement can only be allowed to the extent when it further elaborates an admission or stand taken by defendant. (Sadiq Ali & Ors. Vs Smt.Murti Devi & Ors.) 2006(1) Civil Court Cases 657 (Allahabad)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Alternative plea of ownership - Amendment allowed. (Baldev Singh & Ors. etc. Vs Manohar Singh & Anr. etc.) 2006(3) Apex Court Judgments 17 (S.C.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Alternative plea of ownership - Amendment allowed. (Baldev Singh & Ors. etc. Vs Manohar Singh & Anr. etc.) 2006(3) Civil Court Cases 573 (S.C.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Amendment sought to substituted '1997' in place of '1987' in cause of action paragraph - It is only a typographical mistake - Amendment allowed. (Todendula Venkata Krishnaiah Vs Uppu Gangaiah) 2003(3) Civil Court Cases 274 (A.P.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Application pending - No order passed by lower Court - Matter covered by application fully argued in second appeal and considered by Court - Held, there is no necessity to remand matter for disposal of amendment application. (Gorachand Mukherjee Vs Malabika Dutta) AIR 2002 Calcutta 26

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - At appellate stage - Amendment necessary for effective adjudication - Courts are more liberal in allowing amendment of written statement as question of prejudice is unlikely to arise in that event - Ordinarily amendment in the pleadings are not likely to cause failure of justice or irreparable injury to any party - Amendment allowed. (Harbheg Singh & Anr. Vs Darshan Ram & Ors.) 2006(1) Civil Court Cases 798 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - By legal representatives - L.R's have the same right as possessed by deceased - Had the deceased been alive he would have the right to seek amendment of written statement as such right of amendment of written statement cannot be denied to the legal representatives. (Joginder Singh & Ors. Vs Narinder Kaur & Ors.) 2006(3) Civil Court Cases 355 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Courts are more liberal in allowing amendment of written statement than of plaint. (Baldev Singh & Ors. etc. Vs Manohar Singh & Anr. etc.) 2006(3) Apex Court Judgments 17 (S.C.) : 2006(3) Civil Court Cases 573 (S.C.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Defendant claiming to be co-owner - Amendment sought to incorporate the plea that he has acquired title by adverse possession - Amendment sought is inconsistent with original plea and the same cannot be allowed, moreso, when it is belated. (Patel Ganeshbhai Khushaldas Vs Patel Becharbhai Madhavlal (deceased by L.R's) and Ors.) 2004(2) Civil Court Cases 240 (Gujarat)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Defendant pleading that he was co-owner of property - Amendment sought to claim acquisition of property by adverse possession a better claim that a co-owner - Amendment being inconsistent with main plea - Cannot be allowed - Moreso, when it was belated. (Patel Ganeshbhai Khushaldas Vs Patel Becharbhai Madhavlal) AIR 2004 Gujarat 136

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Erroneous admission - Satisfactorily explained - Defendant not to adduce any evidence on account of amendment - Court should be liberal in granting amendment of written statement - Amendment allowed. (Santokh Singh Vs Harcharan Singh & Ors.) 2006(2) Civil Court Cases 742 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Eviction petition - Amendment sought as to change portion let out to respondent - No explanation that admission, regarding building in possession, made earlier was under any misconception or erroneous - Impugned order allowing amendment set aside. (Vinod Kumar Vs M/s Baldev Krishan Rakesh Kumar) 2006(2) Civil Court Cases 556 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Eviction petition - Issues framed and suit fixed for evidence - Application seeking amendment a device to delay the trial - Held, application rightly rejected. (Brij Ballabh Sharma Vs Smt.Pushpa Parihar) 2006(4) Civil Court Cases 455 (Rajasthan) (DB)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Fact of registered will sought to be introduced by way of amendment - Authenticity of a registered document cannot be doubted at the stage of allowing amendment - Amendment allowed. (Charan Kaur & Anr. Vs Pritam Singh & Ors.) 2006(1) Civil Court Cases 582 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Inconsistent pleas - Can be raised by defendant in written statement although the same may not be permissible in the case of plaint. (Baldev Singh & Ors. etc. Vs Manohar Singh & Anr. etc.) 2006(3) Apex Court Judgments 17 (S.C.) : 2006(3) Civil Court Cases 573 (S.C.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Plea as to rent note tampered with - Amendment cannot be denied merely for the reason that some evidence is already recorded - Amendment allowed. (Tarsem Chand Vs Des Raj) 2006(2) Civil Court Cases 500 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Plea available at the time of filing written statement cannot be allowed by way of amendment. (Charan Kaur & Anr. Vs Pritam Singh & Ors.) 2006(1) Civil Court Cases 582 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Plea of adverse possession - Plea based on agreement of sale and adverse possession are mutually inconsistent and the latter does not begin to operate unless former is renounced - Written statement cannot be permitted to be amended to make pleas inconsistent with pleas made in the original written statement - Application dismissed. (Thonduri Changa Reddy Vs Chillakuru Chandra Sekhara Reddy) 2006(3) Civil Court Cases 156 (A.P.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Plea of limitation - Can be allowed to be raised as an additional defence. (Baldev Singh & Ors. etc. Vs Manohar Singh & Anr. etc.) 2006(3) Apex Court Judgments 17 (S.C.) : 2006(3) Civil Court Cases 573 (S.C.)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Plea of ownership on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession from date of sale deed - A new plea sought to be set up on facts already pleaded - Amendment allowed. (Bhajan Singh Vs Sati Brahamana) 2006(1) Civil Court Cases 714 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Suit for specific performance - Plea of fraud sought to be introduced by way of amendment - Delay - By itself not a ground to refuse amendment - If the alleged fraud committed by plaintiff comes to the notice of defendant at a belated stage then defendant cannot be deprived of his right against the alleged fraud perpetrated by the plaintiff - Amendment allowed. (Davinder Singh Vs Surjit Malhotra) 2006(3) Civil Court Cases 39 (Delhi)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Suit on basis of family settlement - Plaint averments admitted - Amendment of written statement sought - An issue framed and evidence recorded and a finding given that parties never acted upon the family partition and that whole of the amount payable under family settlement is not paid as such allowed amendment - Held, it is well settled that erroneous admissions can be validly explained and on such basis amendment can always be allowed. (Harbans Lal Vs Dev Raj) 2003(1) Civil Court Cases 526 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment - Title claimed on basis of sale deed - Amendment sought to raise plea of ownership by adverse possession as well - Only additional plea sought to be taken - Amendment allowed - Plaintiff given right to file replication to the amended written statement - Court to frame an additional issue on the amended plea and allow the parties to lead their evidence on the said issue. (Joginder Singh & Anr. Vs Harbans & Ors.) 2006(3) Civil Court Cases 327 (P&H)

Civil Procedure Code, 1908, Order 6 Rule 17 - Written statement - Amendment sought at appellate stage - Amendment sought was within knowledge of defendant when he filed his written statement, but he did not chose to incorporate the same - Application for amendment filed at belated stage when appeal fixed for hearing - Amendment rightly declined. (Sri Bajranglal Ladha Vs Sri Maniklal Bhattar & Ors.) 2006(3) Civil Court Cases 119 (Orissa)


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advocate

RAJESH THANX FOR CITATION.

 
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ADVOCATE

SO NICE OF U SIR

ITS MY PLEASURE


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Dear  Sirs

Thanks for the citations

Regards ,Pawan

 
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There is no absolute rule that amendment shall not be allowed after commencement of trial.Only court has to give reasons. There has to be genuine and valid reason to amend.
 
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