Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Wadhwa and Associates Realtors Private Limited – Appellant
Versus
Sarin Technologies India Private Limited – Respondent
| Table of Content |
|---|
| 1. licence agreement, deposit refund dispute post-possession. (Para 1 , 2 , 3) |
| 2. parties argue on allowing additional written statement. (Para 4 , 5 , 6 , 7 , 8) |
| 3. order viii rule 9 permits subsequent pleadings judicially. (Para 9 , 10 , 11 , 12) |
| 4. original ws admissions not overlooked by inadvertence. (Para 13 , 14 , 15) |
| 5. cannot withdraw clear admissions via additional statement. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. proposed counter-claim lacks requisite pleadings. (Para 23 , 24) |
| 7. writ petition dismissed; order upheld. (Para 25 , 26) |
JUDGMENT :
N.J. JAMADAR, J.
1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.
2. By this Petition under Article 227 of the Constitution of India, the Petitioners-Defendants assail the legality, propriety and correctness of the order dated 6 May 2024 passed by the learned Judge, City Civil Court, Mumbai, whereby the Notice of Motion taken out by the Petitioners to grant leave to the Petitioners-Defendants to file additional written statement, came to be rejected.
3. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in whi
Under Order VIII Rule 9 CPC, leave for additional written statement denied if sought to retract clear admissions in original, as it prejudices plaintiff by substituting new case; counsel inadvertence....
Defendants cannot file an additional written statement to an amended plaint if their right to do so has been previously forfeited, as per the Code of Civil Procedure.
The right to file an additional written statement is contingent upon amendments in the plaint and must not introduce new claims, as established by prior court orders.
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.
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from the court.
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 ....
Judicial discretion permits amendments to pleadings if justified, aiming for effective dispute resolution while maintaining procedural integrity.
Additional written statement cannot be adopted as a ploy by defendant to get over hurdle raised by proviso to Order 6 Rule 17 CPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
