Golden principles for deciding application for amendment of written statement

  What emerges from the various authorities cited above is that normally, amendment to a written statement is allowed subject to a few exceptions, these exceptions are:

(i) The proposed amendment which the defendant seeks to make, should not cause injustice to the plaintiff and the admissions made in favour of the plaintiff should not be allowed to be withdrawn.

(ii) The proposed amendment should not be allowed, if inconsistent and contradictory allegations in negation to the admitted position of facts or mutually destructive allegations of facts are sought to be incorporated by means of amendment to the pleadings.

(iii) The proposed amendment should not be allowed if it amounts to, or results in, defeating a legal right accruing to the opposite party on account of lapse of time. {Para 23}

24. The law, as regards amendment of written statements, is, thus, almost settled. The principles applicable to the amendments of the plaint are applicable with equal force to the amendments of the written statements. However, the Courts are more generous in allowing amendment of written statement as the question of prejudice is less likely to operate in the case of written statement. The defendant has a right to take alternative pleas in defence, which, however, is subject to an exception that by proposed amendment, the opponent should not be subjected to prejudice. All amendments of the pleadings should be allowed, which are necessary for determination of the real controversies in the suit provided that the proposed amendment does not alter or substitute defence taken. However, 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 to the pleadings. Proposed amendment should not cause such prejudice to the other side, which cannot be compensated by costs. No amendment should be allowed, which amounts to, or results in, defeating a legal right accruing to the opposite party on account of lapse of time. The delay, in filing a petition for amendment of the pleadings, should be properly compensated by costs. Error or mistake, which, if not fraudulent, should not be, ordinarily, made a ground for rejecting the application for amendment of a written statement. Above, all, no admission made in favour of a plaintiff, can be allowed to be withdrawn by amendment.

IN THE HIGH COURT OF GAUHATI

Decided On: 30.10.2006

Uttam Chand Kothari Vs.  Gauri Shankar Jalan and Ors.

Hon'ble Judges/Coram:

I.A. Ansari, J.

Citation: AIR 2007 Gau 20, 2007 (1) GLT 37, MANU/GH/0209/2006

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