ORDER VIII: WRITTEN STATEMENT AND SET-OFF
— O. VI, R. 17 & O. VIII, R. 9 — Amendment of pleadings — Subsequent pleadings — Scope — Trial Court, at any stage of the proceedings, can permit the plaintiff or defendant to alter or amend the pleadings on the terms which are just and when such amendment is necessary to determine the question in controversy — The parties at their own are not permitted to alter or amend the pleadings and unless written statement contains set-off, the pleadings are considered as final — Furthermore, through amendment in written statement one cannot resile from the admission if made earlier in his written statement. [2024 CLS 27 = 2024 CLC 205 = 2021 LHC 7914]
— O. VI, R. 17 & O. VIII, R. 9 — Amendment of pleadings — Subsequent pleadings — Scope — Defendant does not acquire unfettered rights to change the written statement in toto or substitute it by a completely new written statement and the Court is entitled to apply the principles relating to amendment of pleading while examining the amendment in written statement as well as without permission of the Court no party has any inherent right to amend the pleading at its own discretion. [2024 CLS 27 = 2024 CLC 205 = 2021 LHC 7914]
— Procedure when party fails to present written statement called for by Court — Scope — In absence of written statement, the defendant can still cross-examine the PWs, lead evidence to disprove the facts averred in the plaint and also take part in the arguments. [2024 CLS 23 = 2024 CLC 187 = 2022 LHC 7759]
