Additional Written Statement - reg.
S RAJAKUMAR
(Querist) 16 September 2010
This query is : Resolved
The city civil court, chennai has rejected petition filed under Order VI Rule 17 for taking additional written statement in a ordinary suit for recovery of money on a pronote. The reason for rejection stated was Since PW1 Cross is over, additional written statement cannot be entertained. and also the Correct provision of law is not mentioned. Further, the PW1 was not the actual plaintiff but he is the authorised by the Plaintiff and also he is the husband of the plaintiff and a witness to the transaction. Kindly advice me, what course of action I have to take?
s.subramanian
(Expert) 16 September 2010
You cannot file an additional written st under order 6 rule 17. You can seek only an amendment to the written st under this provision. You can seek leave to file addl w.st under Order 8 rule 9 C.P.C. But mere mention of the wrong provision of law cannot result in the dismissal of the petition. The court has to apply the corect provision and grant the relief,if found fit.You can file a revision against the said order before the high court.
Devajyoti Barman
(Expert) 16 September 2010
Yes. I fully endorse this view.
If your case is filed after the year 2002 then it will be very difficult to get the prayer for amendment allowed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 September 2010
You have to amend so do not confuse with additional WS , as suggested by other experts the amendment can be allowed at any time before judgment and there is no limitation how many times you amend.
Chanchal Nag Chowdhury
(Expert) 17 September 2010
U have not sought to amend your WS but have tried to bring in new facts. So Or.6R17 was rejected.U may seek leave to file addl. WS.
