SUMESH SINGH versus PHOOLAN DEVI & ORS.

SUMESH SINGH versus PHOOLAN DEVI & ORS.

Where the amendment of plaint is allowed and not challenged, the defendants are entitled to amend written statement to address the amended plaint; no categorical or unequivocal admission was made previously, so amendment is permissible. The proviso to Order VI Rule 17 CPC does not apply as suit filed before 1.7.2002.

Parties
Appellant: Sumesh Singh; Respondent: Phoolan Devi & Ors.
Jurisdiction
India
Judgment Date
15 April 2009
Procedural Posture
Civil Appeal / Appeal From High Court Revision Order
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Written Statement, Application Under Order VI Rule 17, Declaratory Relief, Permanent Injunction
Civil Procedure Amendment of Pleadings Written Statement Application Under Order VI Rule 17 Declaratory Relief Permanent Injunction

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Parties

Sumesh Singh

Appellant

Phoolan Devi & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether amendment of written statement under Order VI Rule 17 CPC is permissible where defendant seeks to turn around from earlier position
  2. 2 Whether the proviso to Order VI Rule 17 CPC applies to suits filed prior to 1.7.2002

Ratio Decidendi

Where the amendment of plaint is allowed and not challenged, the defendants are entitled to amend written statement to address the amended plaint; no categorical or unequivocal admission was made previously, so amendment is permissible. The proviso to Order VI Rule 17 CPC does not apply as suit filed before 1.7.2002.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs.