LAWS(BOM)-2011-6-87

DAMU MARUTI DADHE Vs. LIMBA MARUTI DADHE

Decided On June 08, 2011
DAMU MARUTI DADHE Appellant
V/S
LIMBA MARUTI DADHE Respondents

JUDGEMENT

(1.) Heard learned counsel for the appearing parties.

(2.) The petition is directed against the judgment and order dated 7 July 2003 passed by the Civil Judge, Jr. Division, Mohol rejecting the application of the petitioners (original defendant nos.1 and 2) for amendment of their written statement.

(3.) The application has been rejected on the ground that the proposed amendment seeks to withdraw the admissions given in the original written statement and make out a case contrary to the admissions contained in the original written statement. Counsel for the petitioner submitted that the proposed amendment does not seek to withdraw any admission nor seeks to make any case contrary to the case made in the original written statement. In view of this submission, it is necessary to look to the plaint and the written statement and what are the admissions contained in the original written statement.