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
Civil Procedure Code, 1908, O.VIII R.9 -- Additional Written Statement -- Wholly Inconsistent Defence -- A defendant cannot file an additional written statement under O.VIII R.9 CPC 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 O.VI R.17 CPC -- O.VI R.7 CPC expressly prohibits pleadings raising allegations inconsistent with previous pleadings except by way of amendment -- Courts must not permit a complete change of stand under the guise of filing an additional written statement.
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