P.A. JAYALAKSHMI versus H. SARADHA AND ORS.

P.A. JAYALAKSHMI versus H. SARADHA AND ORS.

Leave for filing additional written statement at a belated stage is not usually granted; the statutory limitations introduced by amendments to the Code of Civil Procedure, especially the proviso to Order VI Rule 17, must be observed. The appellant's application was properly rejected as it was filed after the trial commenced, and no grounds were established for allowing amendment or additional pleadings beyond statutory limitations.

Parties
Appellant: P.A. Jayalakshmi; Respondents: H. Saradha and Ors.
Jurisdiction
India
Judgment Date
21 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Civil Revision Petition No. 1643 of 2007
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Subsequent Pleadings, Written Statement, Partition Suit
Civil Procedure Amendment of Pleadings Subsequent Pleadings Written Statement Partition Suit

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Parties

P.A. Jayalakshmi

Appellant

H. Saradha and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Civil Revision Petition No. 1643 of 2007

Legal Issues

  1. 1 Distinction between Order VI Rule 17 and Order VIII Rule 9 of CPC
  2. 2 Justification for rejecting leave to file additional written statement at a belated stage

Ratio Decidendi

Leave for filing additional written statement at a belated stage is not usually granted; the statutory limitations introduced by amendments to the Code of Civil Procedure, especially the proviso to Order VI Rule 17, must be observed. The appellant's application was properly rejected as it was filed after the trial commenced, and no grounds were established for allowing amendment or additional pleadings beyond statutory limitations.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs.
  • Counsel's fee assessed at Rs.10,000/- (Rupees ten thousand only).