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ARCHANA PURI
Neelam Rani – Appellant
Versus
Sukhwinder Singh – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. Challenge in the present revision petition is to the order dated 21.09.2023 (Annexure P6) passed by learned Court below, whereby, an application filed by the petitioner (who was defendant before learned Court below) for seeking amendment of the written statement was dismissed.
2. For the convenience of discussion, the parties are referred to as making appearance before learned Court below.
3. The material facts, as culled out from the paper-book are as follows.
4. That, initially, plaintiff had filed a suit for possession, by way of specific performance of an agreement to sell dated 08.05.2017, in respect of the property, as detailed therein.
5. In the plaint, it was asserted about the defendant representing herself to be owner in possession of one shop measuring 27.77 sq.yards, consisting of double storey building, on the basis of registered sale deed dated 25.07.1996. Further, the extent of consideration, so settled between the parties as well as the amounts paid, from time to time, were mentioned. However, it was asserted in the plaint about the defendant having not got executed the sale deed, despite plaintiff, having remained ready and willing to get t
Amendments to written statements should be liberally allowed to ensure justice, even if they introduce new defenses or clarify existing ones.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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....
The main legal point established in the judgment is that the amendment of pleadings at an advanced stage of the trial should be carefully considered, especially when it may prejudice the opposing par....
The court established that amendments to written statements can be allowed post-trial commencement if they clarify existing facts and do not prejudice the opposing party.
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
The court's decision emphasized that the material facts sought to be inserted through the amendment were already available on record and had been produced by the plaintiff during the trial, leading t....
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Established limits for amending pleadings after trial onset under CPC provisions.
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