Contract Law

Querist : Anonymous (Querist) 23 March 2011 This query is : Resolved
My lawyer has omitted to bring out Illegality of MoU and failure of consideration in the written Statement of defendant. Will the defendant be given an opportunity to file an affidavit to bring out the aforesaid facts as the very basis of the suit filed by the plaintiff is an illegal agreement.

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R.Ramachandran (Expert) 23 March 2011
You can file (through your Advocate ofcourse) an application before the court seeking Court's permission to amend the written statement. After obtaining such a permission, amend the W/stt. incorporating the facts which according to you have been omitted in the original written stt.

Querist : Anonymous (Querist) 23 March 2011
Thanks. Can an application to amend written statement or to file additional statement be made after more than 3 years of filing the written statement, when issues have already been framed and evidence by way of an affidavit has already been filed by the plaintiff.

sharad raghav - 9990549475 (Expert) 23 March 2011
there is no such specific provisions in this regard but ur lawyer can file an application for grant to raise omitted facts.if ur omitted facts or issues are of such a nature that it could be a separate cause of action for a separate suit or the limitation period for such cause of action got expired.then it wil not at all be allowed but if the case is different then plead before the court that whatever u asking to raise is a substantial issue which need to be noticed by court for fair disposal of the suit or that if it left untouched or unraised ,it wil cause great loss to the defendant for which money can't be an adequate relief and it is expedient to the ends of justice,then court may allow by using it's inherent powers.

Devajyoti Barman (Expert) 23 March 2011
Any omitted facts can be stated or deposed only if the pleading is amended to add that thing. Otherwise there is no way the court would allow any facts to be agitated if the same has not been averred in the pleading.

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