SHASHIKANT DHONDIRAM Vs. ASHA VASANT JADHAV

JUDGEMENT

(1.) By this petition, petitioner (Orig. defendant no.2) has challenged the order dtd. 17/8/2022 passed by Jt. Civil Judge Junior Division, Newasa below Exh.18 in Regular Civil Suit No.969 of 2017 allowing application filed by plaintiff (respondent no.1 herein) for amendment of the plaint.

(2.) The suit is filed by plaintiff seeking partition of the suit property and other related reliefs. In the plaint, the averments were made to the effect that plaintiff is in possession of the suit property. Defendant no.2 filed written-statement denying the contentions of plaintiff about possession and claimed that defendant no.2 is in possession of the suit property. Before commencement of the trial, the application for amendment was moved to delete all the averments relating to plaintiff's possession of the suit property. Prayer relating to mesne profit during pendency of the suit was also sought to be added. By order dtd. 17/8/2022, the amendment has been allowed. Petitioner, who is defendant no.2 in the suit, is aggrieved by the order allowing amendment and has challenged the same in the present petition.

(3.) Mr. Pathan, the learned counsel for petitioner submits that the averments which are sought to be deleted by way of amendment constituted important admissions in favour of defendant no.2 and that therefore plaintiff cannot be permitted to withdraw such admissions. He further submits that the said averments amount to admissions in the light of Sec. 58 of the Indian Evidence Act and by deleting such averments, not only prejudice would be caused to defendant no.2 but the nature of the suit is also sought to be altered. Mr. Pathan further submits that plaintiff initially contended that she is in possession of the suit property and after realizing the lacuna in those contentions, she now wants to withdraw those averments thereby prejudicing the defence of defendant no.2.