https://www.taxtmi.com/caselaws?id=196769 Amendment of a written statement under Order 6 Rule 17 CPC is to be allowed liberally where it furthers the real controversy and causes no serious prejudice. The Court noted that a defendant may raise additional or alternative defences, including inconsistent pleas, and that such amendment is not barred merely because it elaborates or varies the defence, provided it does not clearly withdraw an admission. A plea of limitation may also be introduced by amendment. Mere delay is insufficient to refuse amendment absent demonstrated prejudice. The proviso to Order 6 Rule 17 did not apply because trial, in the relevant sense, had not commenced. The rejection of the amendment application was therefore held erroneous and the defendants were permitted to amend the written statement. en-us Wed, 30 Aug 2006 00:00:00 +0530 Fri, 23 Feb 2024 14:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196769 Amendment of a written statement under Order 6 Rule 17 CPC is to be allowed liberally where it furthers the real controversy and causes no serious prejudice. The Court noted that a defendant may raise additional or alternative defences, including inconsistent pleas, and that such amendment is not barred merely because it elaborates or varies the defence, provided it does not clearly withdraw an admission. A plea of limitation may also be introduced by amendment. Mere delay is insufficient to refuse amendment absent demonstrated prejudice. The proviso to Order 6 Rule 17 did not apply because trial, in the relevant sense, had not commenced. The rejection of the amendment application was therefore held erroneous and the defendants were permitted to amend the written statement. Case-Laws Indian Laws Wed, 30 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196769