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A. SANTHOSH REDDY
Dantaluri Venkatapathi Raju – Appellant
Versus
D. Rajeshwari Sirisha – Respondent
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/defendant No. 1 and respondent No. 2/defendant No. 2 Defendant No. 1 filed written statement. While so, the revision petitioner filed an application in I.A. No. 72 of 2018 under Order VIII Rule 9 read with Section 151 CPC seeking to grant leave to file additional written statement. Respondent No. 1/plaintiff reported no counter, while respondent No. 2 filed counter affidavit inter alia denying the allegations in
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....
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.
Under Order VIII Rule 9 CPC, the court may allow the filing of an additional written statement upon valid reasons being shown, and the failure to do so may result in the dismissal of the petition see....
Subsequent pleadings under Order 8 Rule 9 CPC cannot introduce new causes of action and must relate to existing issues, with the court retaining discretion to allow or deny such applications based on....
The main legal point established in the judgment is that the provisions of Order VI Rule 16 of the Civil Procedure Code should be applied to determine whether a written statement can be withdrawn, an....
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