BALDEV SINGH AND ORS. ETC. versus MANOHAR SINGH AND ANR. ETC.

BALDEV SINGH AND ORS. ETC. versus MANOHAR SINGH AND ANR. ETC.

The powers of the court are wide enough under Order 6 Rule 17 CPC to permit amendment of the written statement, including inconsistent and additional pleas, unless serious prejudice is caused or the trial has commenced. Since no prejudice was shown, no admissions were being withdrawn, and trial had not commenced, the amendment should have been allowed.

Parties
Appellant: Baldev Singh and Ors.; Respondent No. 1: Manohar Singh; Respondent No. 2: Respondent No. 2
Jurisdiction
India
Judgment Date
03 August 2006
Procedural Posture
Civil Appeal / Appeal From Order Rejecting Amendment of Written Statement
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Written Statement, Commencement of Trial, Benami Transactions
Civil Procedure Amendment of Pleadings Written Statement Commencement of Trial Benami Transactions

Case Brief

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Parties

Baldev Singh and Ors.

Appellant

Manohar Singh

Respondent No. 1

Respondent No. 2

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Order Rejecting Amendment of Written Statement

Legal Issues

  1. 1 Whether the amendment sought for in the written statement ought to have been allowed
  2. 2 Whether pleas of limitation and inconsistent pleas can be raised by way of amendment
  3. 3 Whether admissions in the written statement can be withdrawn through amendment

Ratio Decidendi

The powers of the court are wide enough under Order 6 Rule 17 CPC to permit amendment of the written statement, including inconsistent and additional pleas, unless serious prejudice is caused or the trial has commenced. Since no prejudice was shown, no admissions were being withdrawn, and trial had not commenced, the amendment should have been allowed.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court and trial court rejecting amendment are set aside.
  • Application for amendment of written statement is allowed.