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J. J. MUNIR
Kinder Jeet Kaur – Appellant
Versus
Karam Jeet Singh – Respondent
JUDGMENT :
Hon'ble J.J. Munir, J.-This civil revision is directed against an order of the Civil Judge (Sr. Div.), Rampur dated the 6th of July, 2022, rejecting an application by the defendants to amend their written statement.
2. The plaintiff-respondent instituted O.S. No. 203 of 2021 before the Civil Judge (Sr. Div.), Rampur for specific performance of contract against the defendant-revisionists. He claimed specific performance of a registered agreement to sell dated 30.11.2018, said to be executed in favour of the plaintiff-respondent by defendant-revisionists Nos. 3 and 4, to wit, Jagtar Singh and Smt. Sukhraj Kaur. Not to enter the thicket of facts that parties have pleaded in this case, but to take note of those essential, that form the essence of the controversy, leading to this revision, it would, for a first, need be said how the defendant-revisionists are related to each other. The defendant-revisionist No. 3 Jagtar Singh, is the son of Smt. Sukhraj Kaur, defendant-revisionist No. 4. Defendant-revisionist No. 1, Smt. Kinder Jeet Kaur is Jagtar Singh's wife, whereas Master Gurudeep Singh Sandhu, defendant-revisionist No. 2, is Jagtar and Kinder Jeet Kaur's son, a minor aged
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.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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 court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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 ....
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
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.
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