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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR, J
Shree Educational Trust – Appellant
Versus
Dombivali Shikshan Prasarak Mandal – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 2 , 3) |
| 2. defendants' claim to file (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 3. court's ruling on written statement (Para 27 , 28) |
JUDGMENT :
(N.J. JAMADAR, J.)
1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.
2. The Petitioners - defendant Nos. 1 and 4 take exception to an order dated 17th August, 2024 passed by the learned Civil Judge, Kalyan whereby the Application (Exh. 92) preferred by defendant Nos.1 to 4 to take on record and read the written statement filed by defendant Nos. 1 to 4 on 30th March, 2019 as written statement of the defendants to the amended plaint, came to be rejected.
3. Shorn of unnecessary details, background facts leading to this petition can be stated as under:-
3.1 Respondent No. 1 is a trust registered under the Maharashtra Public Trusts Act, 1950 . The defendant No. 1, is also a public charitable trust. On 20th July, 2012 an agreement was executed between respondent No. 1/ plaintiff and defendant No. 1 for construction of a school on the property of the plaintiff, and operation and ma
Defendants cannot file an additional written statement to an amended plaint if their right to do so has been previously forfeited, as per the Code of Civil Procedure.
The right to file an additional written statement is contingent upon amendments in the plaint and must not introduce new claims, as established by prior court orders.
Under Order VIII Rule 9 CPC, leave for additional written statement denied if sought to retract clear admissions in original, as it prejudices plaintiff by substituting new case; counsel inadvertence....
An amendment to a joint written statement cannot be made by one defendant without the consent of all other defendants who signed it, to avoid prejudice to their rights.
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
Amendments to written statements must not cause severe prejudice to the opposing party, especially when sought after a party's death.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment. The attempt to change the entire stand from denying the execution of the agreement to admitti....
The court established that amendments to written statements can be allowed post-trial commencement if they clarify existing facts and do not prejudice the opposing party.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
A trial court may allow filing of an additional written statement under Order 8 Rule 9 of CPC when trial has not commenced, emphasizing judicial discretion and the need to avoid prejudice in litigati....
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