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Court reflects belated defence
Court reflects belated defence. Justice Challa Kodanda Ram of the High Court at Hyderabad ruled that a new defence raised belatedly by a defendant that changes the very nature of the litigation cannot be permitted by way of an amendment to the written statement.
Hyderabad : Justice Challa Kodanda Ram of the High Court at Hyderabad ruled that a new defence raised belatedly by a defendant that changes the very nature of the litigation cannot be permitted by way of an amendment to the written statement. The owner of a kirana shop in Nizamabad was before the court challenging an order by which the civil court had rejected her application for amendment of her written statement.
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K Kishore Reddy had filed a suit for eviction of the petitioner from his property. The petitioner admitted to the factum of tenancy but contended that the notice was not in accordance with law. By way of an amendment when the petitioner contended that the property was covered by the Rent Control Act, the amendment was rejected. When the amendment sought has the effect of completely effacing the earlier pleadings, the judge said it would not be permitted.
