Supreme Court Digest of Recent Cases
(2006) 6 SCC 498

Civil Procedure Code, 1908

— Or. 6 Rr. 17 & 7, Or. 7 R. 1 and Or. 8 R. 1 — Amendment of written statement — Principles applicable to — How different from amendment of plaint, explained — Permissibility of raising inconsistent defences — Held, adding a new ground of defence or substituting or altering a defence does not raise the same problem as adding, altering or substituting a new cause of action — Therefore inconsistent defences can be raised in the written statement although the same may not be permissible in case of the plaint, (2006) 6 SCC 498-A

Civil Procedure Code, 1908

— Or. 6 R. 17 — Amendment of pleadings — Scope — Power and discretion of court in allowing — Extent of — When to be exercised — Held, a wide power and unfettered discretion has been conferred on the court to allow amendment of pleadings, in such manner and on such terms as it appears to court to be just and proper, (2006) 6 SCC 498-B

Civil Procedure Code, 1908

— Or. 6 R. 17 and Or. 12 R. 1 — Presence of admissions — Amendment of pleadings affecting admissions — Permissibility — Following Estralla Rubber case, (2001) 8 SCC 97, held, if there are some admissions in evidence as well as written statement, it is still open to parties to explain the same by way of filing an application for amendment, (2006) 6 SCC 498-C

Civil Procedure Code, 1908

— Or. 6 Rr. 17 and 7 — Elaboration of case — Instance of — Providing more details in respect of facts already brought on record, held, amounts only to an elaboration of the case, (2006) 6 SCC 498-D

Civil Procedure Code, 1908

— Or. 6 Rr. 17, 13 and Or. 8 R. 1 — Limitation — Raising of plea of, as additional defence by way of amendment of written statement — Held, permissible, (2006) 6 SCC 498-E

Civil Procedure Code, 1908

— Or. 6 R. 17 — Maintainability — Delay — Prejudice to other party — Delay of three years in filing application for amending written statement — Held, said application cannot be rejected when no serious prejudice is shown to have been caused to plaintiff so as to take away any accrued right, (2006) 6 SCC 498-F

Civil Procedure Code, 1908

— Or. 6 R. 17 proviso — <169>Trial has commenced<170> — Meaning of — Held, commencement of trial under Or. 6 R. 17 proviso must be understood in the limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments, (2006) 6 SCC 498-G



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