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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Harijit Singh – Appellant
Versus
Raj Kaur – Respondent
| Table of Content |
|---|
| 1. amendment application context and original suit details. (Para 2 , 3 , 4) |
| 2. criteria for allowing amendments post commencement of trial. (Para 5 , 8 , 12 , 13) |
| 3. arguments regarding necessity of due diligence. (Para 6 , 7) |
| 4. withdrawal of admissions cannot be allowed without justification. (Para 9 , 10 , 11 , 14) |
| 5. final order rejecting the amendment application. (Para 15) |
JUDGMENT :
B.P. ROUTRAY, J.
1. Heard Mr. T.K. Mishra, learned counsel for the Petitioners and Mr. A. Sarangi, learned counsel for Opposite Parties 1 & 2.
2. Present CMP is directed against the order dated 17th February 2025 of learned Senior Civil Judge, Rourkela passed in C.S.No.162 of 2017, wherein the prayer for amendment of the written statement filed on behalf of defendants No.1 & 2 has been rejected.
3. The plaintiffs, who are present Opposite Parties 1 & 2, have filed C.S.No.162 of 2017 praying for reliefs to declare RSD dated 18th May 2010 as null and void on the ground of fraud as well as the Power of Attorney dated 28th January 2005. They have further prayed for other consequential reliefs including correction in the ROR and eviction of defendants No.1 & 2 from the suit house.
4. Defendants
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
The amendment application was dismissed as it was found to be mala fide, aiming to introduce new pleas and withdraw previous admissions, lacking due diligence and justification.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
Amendments to pleadings are allowed to avoid injustice but cannot permit withdrawal of admissions that would prejudice the opposite party or alter the nature of the suit.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
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Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
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