REKHA VINAYAKRAO PARANJAPE Vs. MANOHAR SALUBA GAIKWAD

JUDGEMENT

(1.) Heard Mr. Pande, learned counsel for the petitioner. The petition challenges the order dtd. 24/01/2023 (page 41), whereby application for amendment of the written statement of the petitioner / defendant has been rejected on the ground, that it amounts to withdrawal of an admission.

(2.) Mr. Pande, learned counsel for the petitioner contends, that considering the proposed amendment it is only in the nature of an elaboration and does not amount to withdrawal of an admission and therefore, the proposed amendment needs to be permitted. Reliance is placed on Estralla Rubber Vs. Dass Estate (P) Ltd. (2001) 8 SCC 97.

(3.) The petitioner / defendant has filed a suit for cancellation of sale deed dtd. 05/4/1980 and specific performance of the agreement dtd. 06/02/1982 executed by the mother of the petitioner / defendant No.1 in favour of the respondent no.1 / plaintiff. In the written statement filed by the present petitioner at Exh.22 on 03/02/2016 (page 27), the entire averement in para Nos. 1 to 12 stood admitted. Not only this, the present petitioner also stated that the suit be decreed, if the plaintiff was willing to pay the consideration at today's market rate. Though admission is made in the written statement of the nature as stated above, however, that does not differ from the fact that the present petitioner has admitted the execution of agreement dtd. 06/2/1982 and so also its contents.