BHOWANIPORE GUJARATI EDUCATION SOCIETY Vs. STATE

JUDGEMENT

(1.) THE opposite parties field Title Suit No. 284 of 1976 in the 4th Court of the learned munsif at Alipore against the petitioner, subsequently re-numbered on transfer to the 3rd additional munsif at Alipore as Title Suit No. 86 of 1984, claiming for the following reliefs :-

(2.) THE opposite parties, in paragraph 1 of the plaint, which is quoted below, had stated inter alia, that they were working as "laboratory assistants" under the defendant No. 1 in the suit.

(3.) IT is contended inter alia, by the counsel appearing on behalf of the petitioner, that the amendment as sought for. should have been allowed by like learned munsif instead of rejecting the same, inasmuch as, the imposed amendment if allowed, would not change the front of the defence of the defendants/in any way, nor it would amount to withdrawal of any alleged admission made by the defendants in their written statement. Secondly, since it is specifically stated in the application for amendment, that due to oversight it was not stated in the written statement that the plaintiffs were "laboratory Attendants". Such statement was quite sufficient to explain the reason for which such amendment was sought for. Lastly, even assuming out admitting that the defendants had made certain admission in paragraph 8 of the original written statement and by the proposed amendment they sought to withdraw the same, sufficient explanation had been given in such application for withdrawing such alleged admission, and it is not unknown in law, that even an admission can be withdrawn if the reasons for such withdrawal are well explained. Moreover, defendants are also permitted under the law to take contradictory pleas in the written statement.