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BIBEK CHAUDHURI
Pratyush Kumar Ray – Appellant
Versus
Khaitan Consultants Ltd. – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.)
1. The instant civil revision is specially assigned before this Bench for disposal.
2. An order of rejection of amendment of written statement applied by the defendants having been rejected by the trial court vide order dated 6th November, 2017, therefore the instant revision under article 227 of the Constitution of India has been filed.
3. Suffice it to say that in a suit for eviction the defendants wanted to amend the written statement after commencement of trial with a prayer to incorporate the following facts:-
4. The original owner could not execute another lease deed in favour of plaintiff for realization of rent when the suit property is in possession of defendant No.1 and 2. The original owner was therefore unable to handover the actual possession of the premises in suit to the alleged second lessee. The plaintiff filed the suit on the basis of the alleged second lease executed by the original owner, namely, Emerald Company in as much as the same was expired by that time by efflux of time. Thus, the defendants wanted to incorporate a dispute of landlord tenant relationship between the plaintiff and the defendants. It is also stated that creatio
Amendment of written statements post-trial commencement is not permissible if it contradicts prior admissions regarding landlord-tenant relationships.
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 ....
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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 written statements must not cause severe prejudice to the opposing party, especially when sought after a party's death.
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....
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.
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