Additional Written Statement--Wholly Inconsistent Defence Cannot Be Introduced at Advanced Stage of Trial Under Order VIII Rule 9 CPC to Bypass Bar Under Order VI Rule 17 CPC
A defendant cannot file an additional written statement under Order VIII Rule 9 of the Code of Civil Procedure, 1908 at an advanced stage of trial to introduce a defence wholly inconsistent with the original written statement. Such an attempt amounts to an abuse of process and a procedural device to circumvent the bar on amendments after commencement of trial imposed by the proviso to Order VI Rule 17 CPC. Order VI Rule 7 CPC expressly prohibits pleadings raising allegations inconsistent with previous pleadings except by way of amendment. Courts must not permit such a complete change of stand under the guise of filing an additional written statement.
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