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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Rupesh Kumar Agrawal – Appellant
Versus
Priyasha Goenka – Respondent
| Table of Content |
|---|
| 1. negligent driving led to the opposite party's injuries. (Para 1 , 2) |
| 2. petitioner claims typographical errors in defense. (Para 3) |
| 3. opposite parties argue against amendment's allowance. (Para 4) |
| 4. court analyses amendment rules and previous admissions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 12 , 13) |
| 5. principles governing amendment of pleadings established. (Para 11) |
| 6. writ petition dismissed without merit. (Para 14 , 15 , 16) |
JUDGMENT :
1. The Petitioner, in this Writ Petition, challenges the legality and propriety of the order dated 24.07.2018 passed by the learned 3rd Motor Accident Claims Tribunal, Bhubaneswar, in MACT (Misc. Case) No. 17 of 2012. By the said order, the Tribunal rejected the Petitioner’s application under Order VI, Rule 17 of the C.P.C., which sought to amend his written statement in the proceeding.
2. The brief facts of the case are as follows:
(ii) Subsequently, the Opposite Party filed an application before the 3rd Motor Accidents Claim Tribunal, Bhubaneswar, to claim compensation. The petitioner appeared and submitted a reply to the show-cause notice issued by the Tribunal.
(iv) The Opposite Party filed an objection to the amendment petition, arguing
Amendments to written statements post-commencement of trial are generally not permitted if they withdraw admissions made, in accordance with legal principles of procedural law.
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.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 pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
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....
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.
Courts should liberally allow amendments to pleadings in civil proceedings unless serious injustice would result.
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