VIVEK NARAYAN PAL Vs. SUMITRA PAL

JUDGEMENT

(1.) The defendant in the suit before the learned Single Judge, in this appeal challenges the order dated 6th October, 2009 dismissing his application for amendment of the written statement. The learned Single Judge found the appellant, by way of amendment seeking to withdraw the admissions in the written statement filed earlier and held the same impermissible.

(2.) The respondent/plaintiff had instituted the suit from which this appeal arises for partition of estate of the parents of the parties, comprising of property No. A-34, Chittranjan Park, New Delhi-110 019 and share holding of a private limited company and for rendition of accounts of the benefits derived by the appellant/defendant qua the said shares of the company and qua the immovable property. The parties are the only children and legal heirs of their parents. The immovable property as well as the shares aforesaid belonged to the parents who are stated to have died intestate.

(3.) The appellant/defendant filed a written statement. Qua the claim of the respondent/plaintiff for partition of immovable property, it was inter alia stated: