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2019 Supreme(Cal) 294

SHEKHAR B.SARAF
Ashutosh Roy Prafulla Kumar Roy – Appellant
Versus
Md. Iqbal Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Malay Kumar Ghosh, Mr. S. Datta, Satrajit Chatterjee, Adv.
For the Respondent: Mr. Soumabha Ghosh, Mr. Asim Kumar Mukherjee, Adv.

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

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