GOUTAM HAZRA Vs. PINAKI HAZRA

JUDGEMENT

(1.) Subject of challenge in this case is against an order dtd. 8/3/2022, passed by learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No. 79 of 2014, rejecting an application under Sec. 151 of Code of Civil Procedure dtd. 28/3/2017, filed by the petitioners proposing for giving an opportunity to petitioners to file written statement afresh upon disregarding the previous written statement, allegedly filed by the petitioners (defendant nos. 1 and 2).

(2.) Mr. Basu submitted that a written statement containing contradictory stand was permissible under the law and there would be no prejudice caused to opposite parties in the event of petitioners being favoured with an opportunity to file a fresh written statement on their behalf, upon disregarding their previous written statement allegedly filed. Such issue could have been considered by the court below in aid of Sec. 151 C.P.C., for the absence of any specific provision in the Code permitting a person to file written statement afresh under a compelling circumstances, as mentioned hereinabove Mr. Basu argued.

(3.) In the decision, referred above by Mr. Basu, a suit was allowed to be withdrawn, but without any liberty to file a fresh suit on the same cause of action. The petitioner subsequently filed a petition for recalling the said order, by which the suit had been permitted to be withdrawn on the ground that petitioner had been misled into making such application on account of misrepresentation of the other side. It was rejected by the Trial Court. High Court, however, allowed the prayer permitting restoration of the suit, even after the same was withdrawn, which was upheld by the Apex Court.