CPC Case Brief – Usha Swami v. Kiran Swami (Principles of amendment of pleadings)

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FACTS – An application for amendment of written statement filed by appellants which was contested by the plaintiff.

HELD – Under Order 6 Rule 17 CPC (Amendment of pleadings – Court can at any stage of proceedings can allow party to alter or amend his pleadings in such a manner which is just and that such amendment is important for determining the real questions in controversy between the parties), it is clear that the court has the power to allow alteration in the pleadings if it is of the view that the amendment can determine the real question in controversy. The court should be liberal in granting the prayer for amendment of pleading unless serious injustice or irreparable loss is caused to other side or the ground of prayer for an amendment was not bona fide.

In the case of amendment written statement, the defendant is entitled to take new defence and even plead inconsistent stand as long as it does not lead to grossly inconsistent plea or withdrawal of admission causing prejudice to the plaintiff.

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