Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Law of amendment in respect of written statement is very liberal and defendant can withdraw his admission and take inconsistent plea but such a course of action is available to defendant only after he is able to show that the admission made by him at the time of filing of the written statement..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Amendment - By way of amendment, petitioner/tenant took completely new stand and has tried to resile from his earlier admission made in his original written statement - Record showed that respondent/landlord already concluded his entire evidence and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Admissions - Held, an admission can be withdrawn only in exceptional circumstances and same can be allowed when certain explanation is required so as to substantiate plea...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At appellate stage - Amendment resiling back from an admission - Impermissible - Rejection of application - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- No specific reply in written statement to the averments set up in plaint to the effect that who had received payment of amount of compensation - Replying defendants are coming up with specific plea that aforesaid amounts were in fact received by some another person in his personal capacity and his such act does not bind the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Specific admission - Application for amendment - Held, amendment which totally takes back admission earlier made cannot be permitted simply for the reason that it amounts to a vested right having been created in favour of plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Proposed amendment not against pleadings - Amendment does not change nature of suit and admission made by defendant - Impugned order allowing amendment calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - It will certainly cause serious prejudice to the case of plaintiff - Such amendments are not allowed - Other proposed amendment not necessary for the purpose of determining the real question in controversy between the parties - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Proposed amendment clearly amounts to withdrawal of admission made in the written statement - Cannot be allowed - Order dismissing application, upheld...........
