Order VI Rule 17 CPC | Written Statement Can Only Be Amended By Defendant Who Files It, Not Those Who Have Adopted It: Karnataka HC

The Karnataka High Court has said that only the defendant who has filed a written statement, in a suit seeking partition and separate possession, can seek amendment of the written statement filed by him, other defendants who have adopted the written statement are not permitted to amend it.Justice Suraj Govindaraj held thus while dismissing a petition filed by Seeta Nayak and others. He said “In my considered opinion, it would not be permissible for defendant No.4, who has not filed a written statement, to seek amendment of a written statement not filed by defendant No.4.” A suit was filed for partition and separate possession, wherein a written statement came to be filed by defendant No.2. The petitioners/defendants No.1, 3 to 9 adopted the written statement filed by defendant No.2. Later, an application under Order VI Rule 17 of the Code of Civil Procedure was filed by defendant no 4, seeking to amend the written statement filed by defendant No.2 on the ground that defendant No.4 had also adopted the written statement of defendant No.2.The bench, on going through the record, said “Though all the defendants are before this Court, the fact remains that the written statement was filed only by defendant No.2 and adopted by other defendants. Defendant No.4 only having adopted the written statement, but not being a signatory to the written statement or having filed the written statement individually, filed an application to amend the written statement.” Following which, it held “It is not that an application had been filed by all the defendants to amend the written statement, nor has the Defendant, who has filed the written statement, sought amendment of the written statement. It is only for the person who has filed any particular pleading who can seek for amendment of that pleading. If there is a joint plaint or written statement filed, an application to amend the joint plaint or written statement would have to be filed by all the plaintiffs or all the defendants, who have filed the said pleadings jointly.” It added “An individual plaintiff or an individual defendant cannot seek to amend the plaint or written statement filed jointly.” Disposing of the petition, the court said “Liberty is reserved to defendant No.2 to file an amendment application, which has to be considered on merits by the trial Court.” Appearance: Advocates Sriyuths S B Doddagoudar, S.G Nandoor, A C Chakalabbi Associates for Petitioners.Advocate Chandrashekhar M Hosamani for RespondentCitation No: 2025 LiveLaw (Kar) 289Case Title: Seetha Nayak & Others AND Laxmi Kom Nagesh NaikCase No: WRIT PETITION NO.102555 OF 2025Click Here To Read/Download Order

Order VI Rule 17 CPC | Written Statement Can Only Be Amended By Defendant Who Files It, Not Those Who Have Adopted It: Karnataka HC

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