P&H: Amendment of pleadings - New pleas cannot be permitted to be added in the garb of consequential amendments.
The Punjab and Haryana High Court has upheld an order striking off an amended written statement after finding that the defendants used a limited amendment to the plaint as an opportunity to introduce new pleas. Justice Harsh Bunger dismissed the defendants’ civil revision petition challenging the trial court’s order.
The dispute arose from a suit seeking possession of a plot in Ambala. In the original plaint, the plaintiff said she had asked the defendants to hand over possession in February 2001. The defendants denied that request in their written statement.
The plaintiff later amended the relevant paragraph of the plaint,...
