RAM NIRANJAN KAJARIA Vs. SHEO PRAKASH KAJARIA

JUDGEMENT

(1.) Leave granted.

(2.) Whether a defendant in a suit for partition can be permitted to withdraw an admission made in the written statement after a pretty long period, is the issue arising for consideration in these cases.

(3.) Partition Suit No. 696 of 1978, filed in the High Court of Calcutta on Original Side, pertains to the partition of premises No.6, Russel Street, Calcutta, originally belonging to one Motilal Kajaria. Defendant Nos. 5 and 12 are the son and widow, respectively, of the predeceased son, viz., Mahabir Prasad of Motilal Kajaria. In the Partition Suit, Defendant Nos. 5 and 12 filed a joint written statement on 16.08.1979, inter alia, stating as under: