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A. SANTHOSH REDDY
Dantaluri Venkatapathi Raju – Appellant
Versus
D. Rajeshwari Sirisha – Respondent
| Table of Content |
|---|
| 1. civil revision petition procedural background. (Para 1 , 3) |
| 2. arguments for and against additional written statement. (Para 4 , 5) |
| 3. legal basis for filing additional pleadings. (Para 6 , 8 , 11) |
| 4. prohibition against contradictory admissions. (Para 9 , 12) |
| 5. court's reasoning on admissions in pleadings. (Para 10 , 13) |
| 6. conclusion dismissing the civil revision petition. (Para 14 , 15 , 16) |
ORDER :
1. This civil revision petition under Article 277 of the Constitution of India is directed against the order dated 02.08.2018 in I.A. No. 72 of 2018 in O.S. No. 71 of 2012, on the file of the VII Additional District Judge. Mahabubnagar, wherein the said application filed by the petitioner (defendant No. 1), under Order VIII Rule 9 read with Section 151 of the CIVIL PROCEDURE CODE (in short ‘CPC’ seeking to grant leave to file additional written statement, was dismissed.
2. Head learned counsel for the petitioner as well as learned counsel for the respondent No. 2. None appeared for respondent No. 1. Perused the record.
3. Respondent No. 1/plaintiff filed the suit O.S. No. 71 of 2012 for specific performance of agreement of sale dated 22.03.2012 against the petitioner/defen
The admissibility of additional written statements should be based on convincing reasons and should not cause injustice or prejudice to the opposing party.
The court upheld the trial Court's decision to deny the filing of additional written statements due to delay and lack of new facts, emphasizing the importance of timely submissions in legal proceedin....
Court may allow additional written statement if amendment of plaint occurred and trial has not substantially commenced, to ensure fair opportunity.
Established limits for amending pleadings after trial onset under CPC provisions.
Judicial discretion permits amendments to pleadings if justified, aiming for effective dispute resolution while maintaining procedural integrity.
Court upheld trial court's dismissal of additional pleadings as beyond remand scope.
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