Table of Content
1. a party cannot change previously made pleas without appropriate amendments. (Para 5 , 6)
2. court's discretion regarding amendments must adhere to statutory provisions. (Para 7 , 8 , 9)

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The question is whether a party to a suit can be permitted to raise subsequently a plea which is incompatible or inconsistent with the plea taken up on the earlier occasion in the earlier pleadings. The very genesis of the law of pleadings is that the Court and the respective parties should have full know of the case of both the parties so that the, subsequent trial may proceed in that well defined channel and no prejudice is caused to either of the sides by rambling and meandering course of trial. This very principle is laid down in O. 8, R. 9 of the Civil P. C. which reads as follows: -
"R.9. No pleading subsequent to the written statement of a defendant other than by way of defence to a set - off shall be presented except by the leave of the Court and upon such terms as the Court thinks fit............................"
This legislative mandate has been laid down in an imperative language which is too clear to call for any aid of canons of construction and

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