Category: Pleadings

ISSUE:

Whether prolonged delay is grounds for rejection of amendment to pleadings where other party could be compensated by costs?

RULE:

The purpose of Order 6 Rule 17 of the Civil Procedure Code is to allow either party to amend his pleadings in such manner and on such terms as may be just. The power to allow an amendment is wide and can be exercised at any stage of the proceedings.

The defendant has a right to take alternative plea in defence so long as by the proposed amendment, the other side should not be subjected to injustice and that any admission made in favour of the plaintiff is not withdrawn.

Inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment.

ISSUE:

Whether the appellant’s application for amendment should be allowed?

RULE:

The first part of Order 6 Rule 17 is discretionary while the second is imperative and enjoins the court to allow all amendments which are necessary for the purpose of determining the real question in controversy between the parties.

ISSUE:

What are the duties of the court in curbing frivolous and vexatious cases?

RULE:

For rejection of plaints under order VII Rule 11 of the CPC for lack of cause of action, each case must be evaluated to determine whether the plaintiffs’ requested relives can be granted or not and if none of the reliefs can be granted, the case should be dismissed outright.

ISSUE:

Whether overturning a search and seizure is legally valid?

RULE:

Every factual allegation in the plaint, if not directly denied, impliedly denied, or indicated to be unadmitted in the defendant's pleading, shall be deemed to be accepted, with the exception of the person who is disabled and this is according to Order 8 Rule 5 of the Code of Civil Procedure.

ISSUE:

Whether a written statement can be filed after 120 days by the defendant in a commercial suit?

RULE:

The Court shall not allow the written statement to be taken on record beyond 120 days in a commercial suit.