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JAYANT BANERJI
Chanda Kedia – Appellant
Versus
Dwarika Prasad Kedia – Respondent
JUDGMENT :
Hon'ble Jayant Banerji, J. - Heard Shri Tarun Agarwal, learned counsel for the petitioners and Shri Rahul Agarwal, learned counsel appearing for both the respondents. Learned counsel for the respondents stated that the relevant records of the suit are on record and so he does not propose to file a counter-affidavit. Therefore, with the consent of the advocates for the parties, the petition was heard and judgment reserved.
2. By this petition, an order dated 26.7.2023 passed by the Additional District Judge, Fast Track Court No. 2 (14th Finance Commission), Gorakhpur, in Civil Revision No. 3 of 2023 (Shri Dwarika Prasad Kedia and another v. Smt. Chanda Kedia and another) has been challenged, whereby an order dated 16.12.2022 passed by the trial Court in Original Suit No. 458 of 2017, rejecting the amendment application 68?-2 filed by the defendant No. 1 for amending the joint written statement, was set aside and the matter was remanded to the trial Court for deciding the amendment application afresh and on its merits.
3. The background of the case, as evinced from the record of this petition, is that on 1.7.1987, an agreement was entered into between seven persons (family me
An amendment to a joint written statement cannot be made by one defendant without the consent of all other defendants who signed it, to avoid prejudice to their rights.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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....
Defendants cannot file an additional written statement to an amended plaint if their right to do so has been previously forfeited, as per the Code of Civil Procedure.
The right to file an additional written statement is contingent upon amendments in the plaint and must not introduce new claims, as established by prior court orders.
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.
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.
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 ....
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