Civil Procedure Code, 1908, O.617Amendment of written statement-­ Amendment sought to be incorporated does not tantamount to altering the nature and stand, much less, withdrawing of the admissionThe petitioner-plaintiff would be at liberty to cross-examine the witnesses of the defendant to be examined in support of the defence taken in the amended written statementApplication allowed.

Civil Procedure Code, 1908, O.617–Amendment of written statementThe parameters for entertaining the application for amendment of the plaint and written statement are totally different as the law of amendment of written statement is more liberal than of the plaint.

Civil Procedure Code, 1908, O.6 R.17-Amendment of written statement—The amendment sought to be incorporated is explanatory and elucidated in nature- It does not incorporate the event which was not in existence, i.e, recurring one and therefore, the expression “despite exercise of due diligence” cannot be pressed
into service in strict sense-Application allowed.

Educate Private Limited v Exclusive Floor Owners Society

2016(4) Law Herald (P&H) 3631 : 2016 LawHerald.Org 2310