written statement Archives

General or evasive denial not sufficient; Supreme Court advocates for para-wise reply to plaint

The Supreme Court was dealing with a matter pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter.

Case Briefs Supreme Court

Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief

“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs High Courts

Can time limit for filing written statement be extended? Calcutta High Court explains

The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs Supreme Court

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

Supreme Court: On the question as to whether Order II Rule 2 CPC can be made applicable to an application for amendment

Case Briefs High Courts

AP HC | Signatures on the Vakalat and the Written Statement cannot be considered as signatures of comparable and assured standard for want of expert opinion under S. 45 Evidence Act

Andhra Pradesh High Court: Ninala Surya, J., decided to not interfere with the impugned order and dismissed the civil writ petition. The

Case Briefs High Courts

Ker HC | A case of wanton negligence and callousness of petitioner; HC rejects application for amendment making inconsistent and alternative pleadings in written statement

Kerala High Court: V.G.Arun, J., held that no amendment can be allowed in written statement where it seeks to change former admissions.

Case Briefs High Courts

When can decree on admission be passed? Madras HC explains how general admission of facts v. admission of claim, makes difference

Madras High Court: Dr G. Jayachandran, J., refused to pass a decree in favour of the plaintiff who relied on general admission

Case Briefs High Courts

Kar HC | Addition of a new ground of defence or substituting or altering defence or taking inconsistent pleas in written statement would not be objectionable, while adding, altering or substituting a new cause of action in the plaint may be objectionable

Karnataka High Court: Krishna S. Dixit J. set aside the impugned order and allowed the petition. The facts of the case are

Case Briefs High Courts

Del HC | Permission to amend written statement after plaintiff’s evidence denied in view of proviso to Order 6 Rule 17 CPC

Delhi High Court: Pratibha M. Singh, J., dismissed a petition filed against the order of the trial court whereby it had rejected the

Case Briefs High Courts

Bom HC | S. 16 of Commercial Courts Act to be interpreted literally; amendments brought in CPC applicable only to Commercial Disputes of a ‘Specified Value’

Bombay High Court: S.J. Kathawalla, J., addressed the review petition against its own Judgment passed in the case of Axis Bank Ltd.

Case Briefs High Courts

Del HC | Accused’s application for advance copy of questionnaire in terms of S. 313(5) CrPC rejected in absence of any exceptional circumstances

Delhi High Court: Chander Shekhar, J. dismissed a criminal revision petition filed against the order of the Additional Sessions Judge whereby he refused

Case Briefs High Courts

Del HC | Plea taken by defendant in written statement is wholly irrelevant at the stage of deciding Or. 7 R. 11 CPC application

Delhi High Court: Vinod Goel, J. dismissed a petition impugning the order passed by Civil Judge whereby defendant’s application under Order 7 Rule 11

Case Briefs High Courts

Bom HC | Time period fixed under Or. 8 R. 1 CPC is directory in nature; delay in filing written statement condoned

Bombay High Court at Goa: C.V. Bhadang, J., condoned a delay of 50 days in filing the written statement. As per facts

Case Briefs High Courts

Pat HC | Documents sought to be produced by defendant must be filed with written statement – leave of Court required for subsequent production thereof

Patna High Court: The Bench of Ashwani Kumar Singh, J. dismissed an application filed under Article 227 of the Constitution of India,

Case Briefs High Courts

J&K HC | Petition for additional pleas rejected as nothing new pleaded in written statement

Jammu and Kashmir High Court: A Bench of Sanjeev Kumar, J. dismissed a petition filed against the order of a Subordinate Civil

Case Briefs High Courts

In light of non-compliance of Order VI Rule 17 CPC, application for amendment of written statement rightly rejected: Bom HC

Bombay High Court: A Bench of M.S. Sonak, J. dismissed a petition and stated that there is no jurisdictional error in the

Case Briefs High Courts

Delay in ‘filing’ and ‘re-filing’ written statement to be considered on different footing

Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. allowed an appeal filed against the previous order whereby the right