This application is filed by the Defendant no.1 for the following reliefs:

The Court:

a) Leave be granted to the defendant No. 1 to amend the written statement in the manner shown in Red ink in the copy of written statement being Annexure ‘B’ hereto.

b) The department be directed to carry out the amendment within 2 weeks from the date of the order to be made herein and/or within such further time as this Hon’ble Court may direct.

c) Leave be granted to the defendant No. 1 to re-verify and re-affirm the written statement within such time as this Hon’ble Court may direct.

d) Ad-interim order in terms of prayers above.

e) Such further or other orders as to this Hon’ble Court may seem fit and proper.

It is the contention of the petitioner/defendant that after filing of written statement the said original plaintiff Narayan Prasad Chowdhury, since deceased entered into a Memorandum of Settlement on 23rd March 1998 whereby he admitted that the allegations regarding the Physical2 a nd mental condition of the said Bhagwati Prasad Chowdhury made in instant suit were unfortunate and confirmed that the said Bhagawati Prasad Chaudhury was neither a person of consumed mind nor was unable to look after