AKSHAYA RESTAURANT versus P. ANJANAPPA AND ANR.

AKSHAYA RESTAURANT versus P. ANJANAPPA AND ANR.

Amendment to the written statement was permissible. There was no material irregularity by the High Court in allowing the amendment; admissions in pleadings can be explained and inconsistent pleas can be raised.

Parties
Appellant: AKSHAYA RESTAURANT; Respondent: P. ANJANAPPA; Respondent: ANR.
Jurisdiction
India
Judgment Date
27 March 1995
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order
Outcome
appeal dismissed
Legal Topics
Amendment of Pleadings, Admissions, Agreement of Sale, Development Agreement
Civil Procedure Amendment of Pleadings Admissions Agreement of Sale Development Agreement

Case Brief

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Parties

AKSHAYA RESTAURANT

Appellant

P. ANJANAPPA

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether amendment to written statement withdrawing admission of sale agreement is permissible under Order 6 Rule 17, CPC.

Ratio Decidendi

Amendment to the written statement was permissible. There was no material irregularity by the High Court in allowing the amendment; admissions in pleadings can be explained and inconsistent pleas can be raised.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • no costs