CALCUTTA HIGH COURT 

[DEBOBRATA MONDAL VERSUS PIJUSH BANERJEE ] JUSTICE BISWAROOP CHOWDARY 

 

*Section 151 and Order 39, Rules 1 and 2 and Order 6, Rule 17 CPC Amendment of written statement Suit for declaration of title, permanent injunction and cancellation of sale deed – Defendants filed an application to amend their written statement, which was rejected by the court – In original WS, defendants made mistake in stating that ‘who was benamder’ which they sought to be corrected by amendment – Contention is that proposed amendment was necessary to rectify an inadvertent admission made in the written statement regarding Anita Devi’s status as the benamdar of Suprova Banerjee – While admissions should not be allowed to be withdrawn casually, courts have discretion to permit amendments if the admission was made inadvertently and the party seeking amendment acted in good faith – Thus, Courts had gone wrong in holding that defendant were not allowed to take inconsistent pleas in their defence – If a mistake in pleadings is committed due to inadvertence, opportunity should be given to rectify same – Amendment would not cause serious prejudice to plaintiffs – Amendment allowed.

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Debobrata Mondal & Ors. Vs. Pijush Banerjee and Ors. Judgment The Law Literates🔁

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