Amendment of written statement in an appeal

Yes, a written statement already filed in a court can be amended, but only with the court's permission, and the amendment is usually allowed if it is necessary to determine the real issues in the case, particularly when the amendment is explanatory in nature and doesn't significantly change the defense strategy; this is typically done through a formal application to the court under Order VI Rule 17 of the Code of Civil Procedure (CPC) in India. 

You have stated in the facts, inter alia, that, "I want to amend the written statement in an appeal, which was filed in the original suit." 

When the judgment of a suit has been delivered and challanged in appeal there is no chance to amend the written statement.

Yes, written statemencan be amended even in second appeal if such amendment is necessary to  determine the real controversies of parties and based on subsequent  events but it should not change the nature of case and defence of defendant. 

Yes, pleading could be amended at the appellate stage.

Amending a written statement in an appeal can be a bit complex.

General Principles 1. *Order 6, Rule 17 of the Code of Civil Procedure, 1908 (CPC)*: This rule allows for amendments to pleadings, including written statements, at any stage of the proceedings.

 2. *Order 41, Rule 1 of the CPC*: This rule deals with appeals and states that the appellate court has the power to allow amendments to the memorandum of appeal or the written statement.

Specific to Appeals 1. *Allowing amendments in appeals*: The Supreme Court has held that the power to allow amendments in appeals is not limited by the provisions of Order 6, Rule 17 CPC (K.K. Velusamy vs. N. Palanisamy, 2011).

2. *Conditions for allowing amendments*: The appellate court may allow amendments if they are necessary for determining the real question in controversy or for doing justice between the parties (Order 6, Rule 17 CPC). Rulings

1. *K.K. Velusamy vs. N. Palanisamy (2011)*: The Supreme Court held that the appellate court has the power to allow amendments to the written statement even at the appellate stage.

2. *Rajesh Kumar Aggarwal vs. K.K. Modi (2010)*: The Delhi High Court held that the appellate court can allow amendments to the written statement if they are necessary for doing justice between the parties. Conclusion Based on the above principles and rulings, it is possible to amend the written statement in an appeal.

However, the appellate court's discretion to allow amendments should be exercised judiciously, considering the interests of justice and the parties involved. It is recommended that you consult with a lawyer or legal expert to ensure that your amendment application is properly drafted and presented to the appellate court.