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BISWAROOP CHOWDHURY
Debobrata Mondal – Appellant
Versus
Pijush Banerjee – Respondent
| Table of Content |
|---|
| 1. overview of the petitioners' position (Para 1 , 2) |
| 2. arguments regarding the amendment of the written statement (Para 3 , 5 , 6 , 7) |
| 3. understanding the legal basis for amendments (Para 8 , 10 , 11) |
| 4. judicial precedence on amendments and admissions (Para 12 , 14 , 19 , 21) |
| 5. principles governing amendments to written statements and the significance of inadvertent admissions. (Para 18) |
| 6. court's discretion over amendments and admissions (Para 22 , 26) |
| 7. the discretion of the court in allowing amendments and ensuring justice. (Para 24) |
| 8. final ruling allowing amendment of written statement (Para 28) |
| 9. conclusion on the expeditious disposal of the suit (Para 29 , 30) |
JUDGMENT :
Biswaroop Chowdhury, J:
1. The petitioners before this Court are defendants in a suit for declaration of title permanent injunction and cancellation of sale deed and are aggrieved by the Order dated 31.07.2018 passed by Learned 2nd Civil Judge Senior Division at Baruipur, South 24 Parganas being Title Suit No. 124 of 2017.
2. The case of the petitioners/defendants may be summed up thus: The plaintiffs/opposite parties filed a suit for declaration of title, permanent injunction and cancellation o
Admissions made inadvertently in a written statement can be withdrawn to allow for a fair defense, ensuring justice is served.
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
Amendments to written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
Amendments to pleadings should be liberally allowed to ensure justice, especially for litigants relying on their advocates, unless they cause serious prejudice.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
A categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment.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.
Point of Law : Principles applicable to amendments of plaint are equally applicable to amendments of written statements.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Amendments to pleadings should not be allowed if they fundamentally change the nature and character of the case and if a fresh suit on the amended claims would be barred by limitation. Admissions in ....
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