MODI SPINNING & WEAVING MILLS CO. LTD. & ANR. versus LADHA RAM & CO.

MODI SPINNING & WEAVING MILLS CO. LTD. & ANR. versus LADHA RAM & CO.

The defendants cannot be allowed to change completely the case made in paragraphs 25 and 26 and substitute an entirely different and new case, as such amendment is not mere inconsistent pleading but a fundamental displacement of admissions, causing prejudice to plaintiff.

Source-derived case information.

Parties
Appellant: MODI SPINNING & WEAVING MILLS CO. LTD.; Respondent: LADHA RAM & CO.
Jurisdiction
India
Judgment Date
23 September 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court in Civil Revision No. 1004/74
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Inconsistent and Alternative Pleas, Prejudice to Opposing Party
Civil Procedure Amendment of Pleadings Inconsistent and Alternative Pleas Prejudice to Opposing Party

Source-derived case record

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Parties

MODI SPINNING & WEAVING MILLS CO. LTD.

Appellant

LADHA RAM & CO.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Allahabad High Court in Civil Revision No. 1004/74

Legal Issues

  1. 1 Whether amendment to written statement substituting entirely new case is permissible under Order VI Rule 17 of the Civil Procedure Code

Ratio Decidendi

The defendants cannot be allowed to change completely the case made in paragraphs 25 and 26 and substitute an entirely different and new case, as such amendment is not mere inconsistent pleading but a fundamental displacement of admissions, causing prejudice to plaintiff.

Court Disposition

Appeal dismissed

Orders

  • Defendants/appellants cannot amend written statement as suggested.
  • Costs of appeal to be paid by appellants to respondent.