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S. M. SUBRAMANIAM
Sheela @ Monic – Appellant
Versus
Narayanan – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order made in I.A. No. 835 of 2021 in O.S. No. 143 of 2018 dated 14.07.2022 on the file of III Additional District Judge, Puducherry.
1. The Civil Revision Petition is filed to set aside the order dated 14.07.2022 passed in I.A. No. 835 of 2021 in O.S. No. 143 of 2018.
2. The revision petitioner is the defendant and the respondent instituted a Suit for Specific Performance.
3. It is not in dispute between the parties that the trial had commenced and the plaintiff's side examination of witness was completed and defendant's side witnesses was also examined and cross-examined partly. While so, the revision petitioner/defendant filed an Interlocutory Application in I.A. No. 835 of 2021 under Order VI Rule 17 to amend the written statement filed by the defendant in the Suit.
4. The Trial Court adjudicated the issues and made a finding that no amendment shall be allowed after commencing the trial, unless the Court comes to a conclusion that despite due diligence, party could not have raised the matter before commencement of trial. It is also a settled law that
Established limits for amending pleadings after trial onset under CPC provisions.
The admissibility of additional written statements should be based on convincing reasons and should not cause injustice or prejudice to the opposing party.
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