The High Court of Calcutta, while allowing an application filed under Article 227 of the Constitution of India against an order dated January 08, 2021, passed by the learned Civil Judge in a Title Suit, held that when the defendant has sought to file an additional written statement which merely clarifies an existing pleading and does not in substance add to or alter it, there is no reason to reject it.
Brief Facts:
The opposite party Nos. 1 and 2 herein filed a suit against the petitioners herein, who filed a joint written statement controverting the material allegations made in the plaint. When the suit was fixed, the plaintiff added the proforma opposite party No. 5 as a party in the suit. Thereafter, the plaintiff prayed for an amendment of the plaint which was allowed, and the plaintiff was also allowed to adduce further evidence in the said suit. The petitioner herein filed an additional written statement to which the opposite parties objected. The Court rejected the prayer for acceptance of the additional written statement. Hence, the present petition.
Contentions of the Respondent:
The learned counsel appearing on behalf of the Respondent submitted that the evidence has already been adduced by both the parties and if the proposed written statement is allowed to be accepted, it will completely change the nature and character of the suit and it would amount to go for de novo trial, which will only cause further delay in disposal of the suit. Learned Court below rightly held that the facts sought to be incorporated by way of additional written statement is a retraction from the defendants’ previous stand and that too after disclosure of evidence and accordingly the order impugned does not call for interference by this Court invoking jurisdiction under Article 227 of the Constitution of India.
Observations of the court:
The court noted that the petitioners as defendants have sought to file additional written statement at a very belated stage when the suit is almost on the verge of completion.
The Court observed that the present additional written statement sought to be filed is merely an attempt to elaborate the facts that have already been stated in the original written statement and as such if it is allowed to be accepted, the other side will not suffer such prejudice which cannot be compensated by cost. Without deleting, what has been stated in the written statement, when the defendant has sought to file an additional written statement which merely clarifies an existing pleading and does not in substance add to or alter it, there is no reason to reject it.
The decision of the Court:
The Calcutta High Court, allowing the application, held that the additional written statement filed by the defendants shall be accepted subject to payment of cost.
Case Title: Jahangir Sekh & Ors. v Astab Ali Sekh @ Astab Sekh & Ors.
Coram: Hon’ble Justice Ajoy Kumar Mukherjee
Case No.: C.O. 419 of 2021
Advocate for the Petitioner: Mr. Tanmoy Mukherjee
Advocate for the Respondent: Mr. Chitta Ranjan Chakraborty
Read Judgment @LatestLaws.com
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