FIRST LAW

Written Statement - On the same set of facts, the second application seeking amendment in the written statement is not permissible in law.

Fair Trial - All the contesting parties to the suit must get fair opportunity to contest the suit on merits in accordance with law. A decision rendered by the Courts in an unsatisfactory conducting of the trial of the suit is not legally sustainable. It is regardless of the fact that in whose favour the decision in the trial may go.

The Code of Civil Procedure, 1908 - Order V Rule 1 (1), Order VIII Rule 1 and Rule 10 - Procedure when party fails to present written statement called for by Court. A perusal of these provisions would show that ordinarily a written statement is to be filed within a period of 30 days. However, grace period of a further 90 days is granted which the Court may employ for reasons to be recorded in writing and payment of such costs as it deems fit to allow such written statement to come on record. What is of great importance is the fact that beyond 120 days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. This is further buttressed by the proviso in Order VIII Rule 10 also adding that the Court has no further power to extend the time beyond this period of 120 days. The consequence of forfeiting a right to file the written statement; non-extension of any furthe...

Civil P.C. 1908 - O. 6 R. 17 -  Amendment of pleadings - I nconsistent plea can also be raised by the defendants in the written statement although the same may not be permissible in the case of plaint.