SHEKHAR B.SARAF
Ashutosh Roy Prafulla Kumar Roy – Appellant
Versus
Md. Iqbal Khan – Respondent
JUDGMENT :
1. This is an application made on behalf of the defendants for amendment of the written statement. It is to be noted that the suit was instituted in 2013 and the written statement was filed on 23rd June, 2014. Subsequent to the filing of the written statement, the parties proceeded in the matter and completed discovery and inspection of documents. The issues were also framed by an order dated 15th September, 2017. Subsequently, witness action also started in this matter and the deposition of the first witness of the plaintiffs began on 4th July, 2018.
In the said deposition, 26 questions were put to the witness.
2. I find that this application for amendment of the written statement has been made on 31st July, 2018, subsequent to the witness action having started. Counsels appearing on behalf of the applicants/defendants have argued that the amendments sought to be made are for the purposes of making typographical corrections and for amplification of the defence already made. Paragraphs 4 to 9 of the application specify the reasons as to why the said amendment should be allowed. Counsels have also relied on several judgments -Seth Nanak Chand Shadiram -v- Amin Chand Pyarilal
Harish Chandra Bajpai and Another Vs. Triloki Singh and Another reported in AIR 1957 SC 444
Kailash Vs. Nankhu and Ors. reported in (2005) 4 SCC 480
Baldev Singh & Ors. -v- Manohar Singh & Anr. reported in (2006) 6 SCC 498
Raj Kumar Bhatia -v- Subhash Chander Bhatia reported in (2018) 2 SCC 87
Rajesh Kumar Aggarwal & Ors. -v- K.K. Modi & Ors. reported in (2006) 4 SCC 385
Seth Nanak Chand Shadiram -v- Amin Chand Pyarilal reported in AIR 1970 Cal 8
State of Madhya Pradesh -v- Union of India & Anr. reported in (2011) 12 SCC 268
Sajjan Kumar –v-Ram Kishan reported in (2005) 13 SCC 89
State of Bihar & Ors. v- Modern Tent House & Anr. reported in (2017) 8 SCC 567
Salem Advocate Bar Association
Usha Balashaheb Swami & Ors. -v- Kiran Appaso Swami & Ors. reported in (2007) 5 SCC 602
Union of India and Ors Vs. Major General Madan Lal Yadav (Retd.) reported in (1996) 4 SCC 127
Usha Devi -v- Rijwan Ahamd reported in (2008) 3 SCC 717
Vidyabai & Ors. -v-Padmalatha & Anr. reported in (2009) 2 SCC 409
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