AIR 2001 (NOC) 93 (DEL) ::2001 A I H C 2521 ::(2001) 92 DLT 61 ::(2001) 59 DRJ 23

Delhi High Court

Hon'ble Judge(s): Vikramajit Sen , J

(A) Civil P. C. (5 of 1908) , O.12, R-6— Decree on basis of admissions - Specific averments in plaint that defendant is liable to pay plaintiff particular amount - They were admitted by defendant in written statement and stated therein that part of it was paid - Plaintiff entitled to decree on basis of admission. (Para 8) (B) Civil P. C. (5 of 1908) , O.6, R.17— Amendment of written statement - Permissibility - Withdrawal of first application for amendment of written statement by defendant - He filing second application for amendment of written statement subsequently after application for passing decree on admission was filed by plaintiff - Amendment Sought therein was not explanatory but was withdrawal of admission made earlier - Amendments pleaded in second application could have easily pleaded in first application - Allowing several applications for amendments would result in delay in culmination of lis - Application seeking amendment of written statement dismissed with costs. (Para 6 7) .....