amendment of written statment
Adinath@Avinash Patil
(Querist) 09 August 2009
This query is : Resolved
A filed civil suit against B for declaration & possession& permanant Injunction.B filed his W.S.court fraimed Issues,therafter A filed his affidavit of examination of chief,now B filed application for amendment of W.S.,Wheter B,s application of amendment of W.S.is tanable.whether code of civil procedure pemits B to amendment of W.S.
Y V Vishweshwar Rao
(Expert) 09 August 2009
Order VIII Rule 9 C P C ;- says no pleadings after WS shall be presented , but with the leave of the Court it can be presented & and court may at any time require a Written Statemetn/addl Written Statement from any party
Ordr VI Rule 17 C P C ;- amendment of pleadings can be permitted at any stage of the proceedings
Provided no application for amendment after commencing trial shall be allowed , unless court comes to conlusion that inspite of due deligence , the party could not have raised the matter before the commencement of the trial
Therefore the Court can permit the amendment of WS if the court consider that there are reasoanable grounds in the application-as mentioned above!
mahendra rai jain
(Expert) 09 August 2009
Order 6 Rule 17 permits amendments in pleadings ...
ANTHONY REDDY
(Expert) 10 August 2009
Order VI Rule 17 permists admendments of pleading, but nature of suit or nature of pleadings in the Writtne statement should not be chandged. amendment can be permissable even after framing of issues.
SHYAMSUNDAR
(Expert) 10 August 2009
Amendment can be made at any stage of the suit even if the matter is posted for hearing. Only rule is the nature of the suit should not change.
vinjamuri ranga babu
(Expert) 10 August 2009
hi,
amendment of ws u/o6 r 17 of cpc applicable at any point of time, but subject to shalln't change the nature of the suit or
proceedings.
thanks
