Patna High Court - Orders
Nawal Kishore Singh vs Kaushal Kishore Singh @ Kausha on 20 November, 2008
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.R. No.1443 of 2006
NAWAL KISHORE SINGH
Versus
KAUSHAL KISHORE SINGH @ KAUSHAL KISHORE PD.SINGH
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2. 20.11.2008Heard counsel for the petitioner and the counsel for the opposite party.
In the opinion of this Court when in a suit for specific performance, the defendant petitioner had already made certain admission in the original written statement on the basis of which issues were already framed, he could not have been allowed to turn around and take a contrary stand by seeking amendment in the written statement. That is simply not permissible.
This Court has carefully gone into the averments made in the plaint and the written statement including the stand originally taken by the petitioner therein, especially in paragraphs 24 and 25 thereof. From a bare reading of the same it would be appear that the subsequent amendments were only sought to take away the admissions made in the original written statement.
That being so, that part of the impugned order by which amendment has been refused in certain paragraph of the written 2 statement does not suffer from any jurisdictional error. This application is, accordingly, dismissed.
(Mihir Kumar Jha,J.) Surendra/