Appellate Court Must Re-Appreciate Evidence To Determine Lesser Offence Under Section 386 CrPC If Graver Charge Is Not Sustained: Supreme Court SARFAESI Act | Provisions Override Other Laws Including Principles Of Res Judicata: Supreme Court Right To Information Act | CCTV Footage Cannot Be Provided Directly To Applicant If It Falls Under Section 8(1)(g) Exemptions: Allahabad High Court Section 24 CPC | Convenience Of Wife Is The Paramount Consideration In Transfer Of Matrimonial Proceedings: Andhra Pradesh High Court Inefficient Case Management By State Law Officers Impedes Justice: Allahabad High Court Directs Principal Secretary (Law) To Reform Procedures Section 24 CPC | Convenience Of Wife Is A Primary Consideration For Transfer Of Matrimonial Proceedings, But Virtual Appearance Can Mitigate Hardship: Andhra Pradesh High Court Son Cannot Claim Co-Ownership Or Resist Eviction Based On Alleged Financial Contribution To Property Purchased In Mother’s Name: Delhi High Court Order 33 Rule 1 CPC | Applicant Must Prove Inability To Pay Court Fee With Cogent Evidence; Mere Assertion Of Indigence Is Insufficient: Chhattisgarh High Court Plaintiff Must Establish Independent Right To Possession, Cannot Rely Solely On Lacunae In Defendant’s Evidence: Delhi High Court Successor Cannot Remain Silent: Bombay High Court Upholds Tenant's Right To Purchase Agricultural Land, Rules Rejection Before 1961 Amendment No Bar Single Mother Has Right To Determine Child’s Surname And Alter Biological Father's Name In Birth Certificate: Calcutta High Court Court Can Sanction Professional Fees Of Valuers Exceeding Prescribed Ceiling Post-Assignment: Bombay High Court MACT | Appellate Court Can Reduce Compensation Even If Insurer’s Appeal Challenges Quantum While Claimant Seeks Enhancement: Punjab & Haryana High Court Order VI Rule 17 CPC | Amendment Of Written Statement To Correct Internal Inconsistencies Does Not Amount To Withdrawal Of Admission: Delhi High Court Oral Family Partition Valid Even If Unregistered: Jharkhand High Court Power Of Attorney Lacking Explicit Interest Is Revocable Regardless Of 'Irrevocable' Label: Gujarat High Court DRC Act | Summary Eviction Proceedings Cannot Be Converted Into Extended Litigation By Seeking To File Additional Documents Post-Pleadings: Delhi High Court

Order VI Rule 17 CPC | Amendment Of Written Statement To Correct Internal Inconsistencies Does Not Amount To Withdrawal Of Admission: Delhi High Court

16 September 2026 3:11 PM

By: sayum


"The courts are more generous in allowing the amendment of the written statement as the question of prejudice is less likely to operate in that event. The defendant has a right to take alternative plea in defence which, however, is subject to an exception that by the proposed amendment the other side should not be subjected to injustice and that any admission made in favour of the plaintiff is not withdrawn." Delhi High Court.

The Delhi High Court, in a ruling dated September 15, 2026, affirmed that an amendment to a written statement intended to rectify internal inconsistencies or typographical errors does not violate the prohibition against withdrawing admissions if the factual substance of the pleading remains unchanged. A division bench of Justice Vivek Chaudhary and Justice Renu Bhatnagar held that the court must adopt a liberal approach under Order VI Rule 17 of the CPC to ensure the real controversy between parties is effectively adjudicated.

The appeal arose from a partition suit filed by the appellant, Smt. Manju Gaind, concerning the estate of her late father. The appellant had sought a decree under Order XII Rule 6 CPC, relying on certain paragraphs in the respondents' written statement which she claimed constituted an "unequivocal admission" of her 1/7th share in specific properties. Subsequently, the respondents moved an application under Order VI Rule 17 CPC to amend the written statement, arguing that the original text contained clerical errors and incorrectly categorized certain properties. The learned Single Judge allowed the amendment, leading the appellant to challenge the order before the division bench.

The primary legal issue before the court was whether the amendment of the written statement permitted by the Single Judge resulted in the impermissible withdrawal of a genuine admission, and whether such an amendment was necessary for the effective adjudication of the suit. The bench was also called upon to determine if the trial court failed to record adequate reasons while allowing the amendment and disposing of the application under Order XII Rule 6 CPC.

Court Explains Scope Of Order VI Rule 17 CPC

The bench emphasized that the power to allow amendments is wide and must be exercised at any stage of the proceedings to promote the ends of justice. Relying on the Supreme Court’s decision in B.K. Narayana Pillai v. Parameswaran Pillai, the court noted that technicalities should not hamper the administration of justice. Amendments should be allowed if they are necessary for determining the real controversy, provided they do not fundamentally alter the nature of the suit or cause irreparable prejudice.

Liberal Approach Toward Written Statements

The court reiterated that the principles governing the amendment of a plaint apply to a written statement, with the crucial caveat that courts are generally more generous with the latter. The bench observed that a defendant has the right to take alternative or inconsistent pleas, provided they do not result in the withdrawal of an admission that would cause injustice to the plaintiff.

"The defendant has a right to take alternative plea in defence which, however, is subject to an exception that by the proposed amendment the other side should not be subjected to injustice and that any admission made in favour of the plaintiff is not withdrawn."

No Withdrawal Of Genuine Admission Found

Upon examining the pleadings, the court found that the respondents’ amendment merely sought to correct the heading of properties from "Properties in Which the Plaintiff Has Received Share" to "Properties in which Mutation Entry has been made in name of Plaintiff." The underlying factual details—such as ownership records and sale deed particulars—remained identical. Consequently, the court held that no "admission" was withdrawn because the substance of the defense remained the same; the change merely corrected a labeling error that was inconsistent with the actual facts pleaded by the respondents.

Application Of Revajeetu Builders Test

The bench applied the criteria established in Revajeetu Builders and Developers v. Narayanaswamy and Sons, noting that the amendment was bona fide and essential for effective adjudication. The court concluded that the appellant's claim to a 1/7th share remained preserved for trial and was not foreclosed by the correction of a mere typographical heading. Finding no mala fides or fundamental alteration of the suit's character, the bench dismissed the appeal as devoid of merit.

Date of Decision: 15 September 2026

Latest Legal News