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SANDEEP V. MARNE
Morarji Hariram (since deceased) – Appellant
Versus
Ramnik Dairy Farm – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken for final hearing and disposal.
2. The Petitioners have filed this Petition challenging order dated 13 December 2023 passed by the Appellate Bench of the Small Causes Court by which Revision Application No. 82 of 2021 filed by original Defendant No.1 has been allowed and the application for amendment of written statement at Exhibit 80 is allowed by imposition of costs of Rs.5,000/-. The Appellate Bench has set aside order dated 9 March 2021 passed by the learned Single Judge of the Small Causes Court, which had rejected the application for amendment at Exhibit-80.
3. The Plaintiff has instituted R.A.E. & R. Suit No.789/1251 of 2003 seeking recovery of possession of the suit property inter alia on the ground of arrears of rent. The Defendant has contested the Suit by filing his written statement. It appears that the plaint has been amended on three occasions resulting in filing of additional written statements by Defendant No.1. It appears that Plaintiff No.1 passed away during the process of according of his deposition in t
Amendments to written statements must not cause severe prejudice to the opposing party, especially when sought after a party's death.
Point of Law : Order 6 Rule 17 of the Code of Civil Procedure deals with amendment of pleadings which provides that the court may at any stage of the proceedings allow either party to alter or amend ....
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
Amendments to pleadings should not be allowed if they fundamentally change the nature and character of the case and if a fresh suit on the amended claims would be barred by limitation. Admissions in ....
The Court emphasized the necessity of proposed amendments for determining the real controversy between the parties and considered the due diligence requirement for allowing amendments after the comme....
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
Amendments to written statements are permissible to clarify defenses but must not change the suit's nature; counterclaims must be timely filed before issues are framed.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Point of Law : plea regarding exercise of due diligence and necessity of seeking amendment of written statement are conspicuously absent. Under such circumstances, the question of exercising due dili....
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
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