UTTAMCHAND KOTHARI Vs. GAURI SHANKAR JALAN

JUDGEMENT

(1.) Whether an admission made by a defendant, in his written statement, can be allowed to be withdrawn by way of amendment ? Is there, in the matter of permitting such amendment of a written statement, any difference between an 'express admission' and an 'implied admission' ? Can a lawyer's incorrect instructions, omission or failure leading to the making of an implied or express admission, in a written statement, be allowed to be withdrawn by way of amendment and if not, what is the remedy for a defendant, whose written statement contains, on account of incorrect instructions, failure or omission of his counsel, an admission, either express or implied? Is there any remedy available at all to a defendant if an admission, implied or express is made by him in a written statement, following incorrect instructions, omissions or failure on the part of his counsel and if so, what is the remedy ? Should this Court interfere with the impugned order passed by the learned trial Court disallowing the defendant's prayer for amendment of his written statement ? These are some of the prominent questions, which have arisen for determination in the present writ petition.

(2.) I have heard Mr. S. Sharma, learned counsel for the defendant-petitioner and Mr. B. K. Goswami, learned Senior counsel, appearing on behalf of the plaintiffs-respondents.

(3.) The material facts and various stages, which have led to the present writ petition, may, in brief, be set out as follows :- The plaintiff-defendants instituted Title Suit No. 171/96, on 9-10-1996, seeking, inter alia, decree for ejectment of the defendant from suit premises and for arrear of rents on the grounds that the defendant was a defaulter and that the suit premises were bona fide required by the plaintiffs for their own use and occupation. Paragraphs 3 and 15 to 19 of the plaint read as follows :- "3. That as per agreement the rent was fixed at Rs. 1.650/- (Rupees one thousand six hundred fifty) only per month payable within 7 days of the succeeding months. It was agreed that the tenancy will commence on and from 1-6-1992 and will be according to English Calender month.