S. MALLA REDDY versus M/S. FUTURE BUILDERS CO-OPERATIVE HOUSING SOCIETY & ORS.

S. MALLA REDDY versus M/S. FUTURE BUILDERS CO-OPERATIVE HOUSING SOCIETY & ORS.

Filing a subsequent application by the defendants for amendment of written statement under Order VI Rule 17 CPC after prior applications under Order VI Rule 16 and Order VIII Rule 9 CPC were rejected amounts to abuse of process and is not maintainable; admissions made in written statement cannot be withdrawn by amendment after trial has commenced.

Parties
Appellant/defendant: S. Malla Reddy; Respondent/plaintiff: M/S. Future Builders Co-operative Housing Society
Jurisdiction
India
Judgment Date
18 April 2013
Procedural Posture
Civil Appeal / Final Appeal From High Court Order Rejecting Amendment of Written Statement
Outcome
Appeals dismissed
Legal Topics
Pleadings, Amendment of Written Statement, Striking Out Pleadings, Abuse of Process, Admissions in Pleadings
Civil Procedure Pleadings Amendment of Written Statement Striking Out Pleadings Abuse of Process Admissions in Pleadings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

S. Malla Reddy

Appellant/defendant

M/S. Future Builders Co-operative Housing Society

Respondent/plaintiff

Procedural Posture

Civil Appeal / Final Appeal From High Court Order Rejecting Amendment of Written Statement

Legal Issues

  1. 1 Whether defendants can amend or withdraw admissions made in written statement after trial has commenced
  2. 2 Whether successive applications for amendment or striking out pleadings are maintainable after earlier rejection
  3. 3 Distinction between Order VI Rule 16 and Order VI Rule 17 of CPC

Ratio Decidendi

Filing a subsequent application by the defendants for amendment of written statement under Order VI Rule 17 CPC after prior applications under Order VI Rule 16 and Order VIII Rule 9 CPC were rejected amounts to abuse of process and is not maintainable; admissions made in written statement cannot be withdrawn by amendment after trial has commenced.

Court Disposition

Appeals dismissed

Orders

  • No error found in High Court order; amendment of written statement not permitted.
  • No order as to costs.