NUR BAKTA GAYEN Vs. JAHUR MOHAMMAD GAYEN

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is at the instance of defendants in a suit for declaration of title and permanent injunction and is directed against Order No. 56 dated January 28, 2004 passed by the Civil Judge, Junior Division, 1st Court, Diamond Harbour, in Title Suit No. 230 of 1995 thereby rejecting an application for amendment of written statement by the petitioners.

(2.) As indicated above, the aforesaid suit was filed for declaration of title and for permanent injunction. The petitioners entered appearance and filed written statement thereby denying the material allegations made in the plaint and asserting their own title. Subsequently, the petitioners have come up with the application for amendment of the written statement thereby praying for amendment of various statements made in the original written statement. It was contended that as the petitioners had no sufficient knowledge of law and had lack of intelligence, some important facts, through bona fide mistake, could not be mentioned in the original written statement.

(3.) The aforesaid application was opposed by the opposite party/plaintiff contending that the proposed amendment was a mala fide attempt on the part of the defendants in withdrawing their own admission made in the original written statement. It was further argued that the application having been filed at a belated stage, the same was liable to be rejected.