Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court cannot permit an amendment which seeks to withdraw or nullify an admission already made or introduces a defence which is mutually destructive of earlier pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is not at all to withdraw any admission made in favour of plaintiff - It is generally in keeping with the fabric of defendant's wholesome defence - Proposed amendment does not prejudice the plaintiff in any manner - Application for amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the event amendment is allowed -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Written statement to amended plaint - When plaintiff amends his pleadings defendant is entitled to file an additional written statement unless the nature of amendment does not require it - However, defendant cannot be allowed to withdraw the admission made in the written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - Withdrawal of admission not permissible - Admission can be clarified or explained by way of amendment - Amendment sought to withdraw admission rejected - However, opportunity given to explain/clarify admission in the written statement which will be considered on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admission - A party cannot be permitted to wholly withdraw the admission in pleadings - However, admission can be clarified or explained by way of amendment and basis of admission can be attacked in a substantive proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Withdrawal of admission made in written statement - Once a written statement contains an admission in favour of plaintiff, amendment to withdraw such an admission cannot be allowed to plaintiff's prejudice and facilitate the setting up of an inconsistent plea from the one earlier taken in first instance...........
