⚖️ Shri Ganpati Jurists | Legal Insight Series ⚖️ Can a Defendant Change Their Entire Stand After Trial Begins? First claiming to be a co-sharer, then later pleading tenancy under the plaintiff through an additional written statement… ❓ Permissible under CPC? 🚫 Can contradictory pleadings be introduced after commencement of trial? NO 🚫 Can Order 8 Rule 9 CPC be used to bypass the restriction under Order 6 Rule 17 CPC? NO 📌 Supreme Court Held: Changing an earlier stand and introducing a contradictory defence through an additional written statement after trial commencement is impermissible, amounts to abuse of process, and violates: ✔️ Order 6 Rule 7 CPC ✔️ Proviso to Order 6 Rule 17 CPC ✔️ Order 8 Rule 9 CPC principles ⚠️ Additional pleadings are not a tool to rewrite the defence midway through litigation. Mondira Ghosh v. Chaitali Ghosh (SC) #SupremeCourt #CPC #CivilProcedure #LegalUpdate #Litigation #Advocates #IndianLaw

 ⚖️ Shri Ganpati Jurists | Legal Insight Series

⚖️ Can a Defendant Change Their Entire Stand After Trial Begins?

First claiming to be a co-sharer, then later pleading tenancy under the plaintiff through an additional written statement…

❓ Permissible under CPC?

🚫 Can contradictory pleadings be introduced after commencement of trial?

NO

🚫 Can Order 8 Rule 9 CPC be used to bypass the restriction under Order 6 Rule 17 CPC?

NO

📌 Supreme Court Held:

Changing an earlier stand and introducing a contradictory defence through an additional written statement after trial commencement is impermissible, amounts to abuse of process, and violates:

✔️ Order 6 Rule 7 CPC

✔️ Proviso to Order 6 Rule 17 CPC

✔️ Order 8 Rule 9 CPC principles

⚠️ Additional pleadings are not a tool to rewrite the defence midway through litigation.

Mondira Ghosh v. Chaitali Ghosh (SC)

#SupremeCourt #CPC #CivilProcedure #LegalUpdate #Litigation #Advocates #IndianLaw