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Checking relevance for Usha Balashaheb Swami VS Kiran Appaso Swami...
Checking relevance for Dondapati Narayana Reddy VS Duggireddy Venkatanarayana Reddy...
2001 6 Supreme 492 : Yes, a prayer clause can be inserted in the written statement. The court held that if the plaintiff''''s claim is based on a registered will, the defendant has a right to seek amendment of the written statement to incorporate a plea challenging the will. Such an amendment should generally be allowed unless it causes injustice, prejudice that cannot be compensated by costs, or deprives the opposite party of a vested right. The court emphasized that amendments should not be denied on hypertechnical grounds, especially when no legal ground for refusal was established by the trial or appellate courts.Checking relevance for Andhra Bank VS ABN Amro Bank N. V. ...
2007 5 Supreme 792 : Yes, a prayer clause can be inserted in the written statement. It is permissible in law to amend a written statement of the defendant by which only an additional ground of defence has been taken. The court emphasized that while considering an application for amendment of pleadings, the only question is whether the amendment is necessary for the decision of the real controversy between the parties, not the merit of the amendment. The insertion of a new paragraph (para 7A) to raise an additional defence under Section 230 of the Indian Contract Act was held to be allowable, confirming that adding a prayer clause as part of an additional defence is legally permissible.Checking relevance for Baldev Singh VS Manohar Singh...
Checking relevance for Thangam VS Navamani Ammal...
2024 3 Supreme 5 : Yes, a prayer clause can be inserted in the written statement. The legal documents explicitly state that ''''additional pleadings can also be raised in the written statement, if required'''' and that ''''these facts specifically stated in a set of paragraphs will always give an opportunity to the plaintiff/petitioner to respond to the same.'''' This confirms that a written statement is not limited to mere admissions or denials of the plaint, but may include additional pleadings, including a prayer clause, provided they are clearly stated in a separate set of paragraphs to enable the plaintiff to respond in replication or rejoinder.Checking relevance for Life Insurance Corporation of India VS Sanjeev Builders Private Limited...
2022 7 Supreme 136 : Under Order VI Rule 17 of the Civil Procedure Code, 1908, a defendant has a right to take alternative plea in defence, which may be allowed through amendment of the written statement, provided that the proposed amendment does not cause injustice to the other party, does not withdraw any admission made in favour of the plaintiff, and does not alter or substitute a new cause of action. Courts are more generous in allowing amendments to written statements as the question of prejudice is less likely to operate in such cases. Amendments should be allowed if they are necessary for the determination of real controversies in the suit, as long as they do not result in inconsistent, contradictory, or mutually destructive allegations, or cause prejudice that cannot be compensated by costs.Checking relevance for Revajeetu Builders & Developers VS Narayanaswamy & Sons...
2009 7 Supreme 333 : Yes, a prayer clause can be inserted in the written statement. The legal documents explicitly state that ''''addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement would not be objectionable'''' and that ''''the general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute the cause of action or the nature of claim applies to amendments to plaint. It has no counterpart in the principles relating to amendment of the written statement.'''' This means that while amendments to the plaint are strictly limited to preserving the original cause of action, the written statement allows greater flexibility, including the addition of new grounds of defence or prayer clauses, without being considered objectionable.
