P.M. Salim v. Vasudevan Namboothiri

Code of Civil Procedure, 1908 – Amendment of Pleadings Whether a categorical and wilful admission made in the pleadings can be strike down by filing an amendment application ? Held, categorical or wilful admission made in the pleadings (plaint and written statement) cannot be permitted to be withdrawn by way of amendment if such withdrawal would amount to totally displacing the case of the plaintiff and would cause him irreparable prejudice.

Code of Civil Procedure, 1908 – Amendment of Pleadings When trial commences for the purpose of proviso to Order 6 Rule 17 of CPC ?

(a) Trial commences when the first witness in the case was examined in chief directly by the Court.

(b) In a case chief affidavit is filed in lieu of chief examination, trial commences when the witness who filed chief affidavit in lieu of chief examination offers himself for cross examination by the other side at the witness box and when the cross examination begins.

(c) Trial commences in a case when the plaintiff is not adducing any oral evidence, the date on which the plaintiff or his counsel either tenders the documents in evidence following the procedure or the date on which the plaintiff or his counsel submits that no oral or documentary evidence to be adduced on the part of the plaintiff.

(d) All other steps prior to stages (a) to (c) to be treated as proceedings preliminary to commencement of trial.