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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Kalyan Swain – Appellant
Versus
Ganeshram Sahu – Respondent
| Table of Content |
|---|
| 1. order against amendment of written statement. (Para 1 , 2) |
| 2. defendant's delay and proposed amendments. (Para 3 , 4 , 5) |
| 3. principles governing amendments are liberal. (Para 6 , 8) |
| 4. contradictions in admissions denied. (Para 7 , 9) |
| 5. final decision to dismiss cmp. (Para 10) |
JUDGMENT :
1. Present CMP is directed against the order dated 29th April 2025 of the learned Civil Judge (Sr.Division), Balangir passed in C.S.No.173 of 2008, wherein the prayer of the defendant to amend his written statement has been refused.
3. Present Opposite Party being the plaintiff filed the suit praying for declaration of right title over the suit Schedule-II land and confirmation of possession along with other consequential reliefs. The defendant appeared and filed his written statement on 22nd September 2009. However, the suit could not proceed substantially till 2024 though issues have been framed, but evidences were not adduced. The defendant in his petition dated 21st September 2022 prayed to amend the written statement on the ground that earlier lawyer appearing for him has mispresented certain facts in the written statement.
5. Learned trial court rejected the prayer for amendment
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 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 ....
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
The judgment establishes the principle that while clarificatory amendments to pleadings may be allowed, attempts to withdraw admissions and set forth an entirely new case through amendments are imper....
Courts should liberally allow amendments to pleadings in civil proceedings unless serious injustice would result.
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendments to pleadings cannot withdraw clear admissions made earlier, as it would be prejudicial to the opposing party; such amendments must align with the CPC regulations.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
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