o.6 r.17

Querist : Anonymous (Querist) 09 February 2011 This query is : Resolved
admited written statment ko not changed by o.6 r.17 or not pls give me some ruling

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Kiran Kumar (Expert) 09 February 2011
pls clarify your query.

Amit Minocha (Expert) 10 February 2011
written statement can be changed u.o6 rule 17 subject to approval from the Court that to before the commencement of the trial unless it is shown that even after due diligence the party could not have raised matter before the Court.

Parveen Kr. Aggarwal (Expert) 10 February 2011
Order 6, Rule 17 of the Code of Civil Procedure, 1909:

"17. Amendment of pleadings.-The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:
Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial."

The provision nowhere bars the amendment of a written statement making admissions.

Advocate Bhartesh goyal (Expert) 10 February 2011
Courts are more liberal in allowing an amendment of a written statement than that of a plaint.Addition of a new ground of defence or substituting or altering a defence or taking inconsisting plea in the written statement can also be allowed u/o 6 r 17 of C.P.C.Please go through the citation 2010{1} civil court cases 446{S.C}

Kirti Kar Tripathi (Expert) 10 February 2011
The basic principle for amendment of pleadings is it should allowed liberally. Unless it enhanced the scope of earlier pleadings this can be allowed at any stage. this proposition is more liberal when amendment is sought in written statement as the defendant is in defensive position and he may take as many as defenses, as he wish.

barun deka (Expert) 12 February 2011
As correctly pointed out by Mr. Goyal courts are more liberal in allowing an amendment of written statement than that of a plaint. but the defendant cannot by way of an amendment withdraw an admission previously made

Kirti Kar Tripathi (Expert) 12 February 2011
I agree with Barun no one can withdraw any admission by way of amendment but defendant position is more better than the plaintiff in seeking amendment as he can add more defenses as already taken, so the theory of enlarging scope of previous pleadings will not come in the way, if the party is a defendant.

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