1 WP No.1744/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1744 OF 2011 SIDDHARTH PRASANNA MUNOT AND ANR VERSUS BEENA PRASANNA MUNOT AND ORS ... Advocate for Petitioners : Mr. A K Gugale Mr.GV Wani, Adv. for Resp.No.1; Mr.SA Kulkarni, Adv. for Resp.No.3; Mr.NV Gavare, Adv. for Resp.No.8 ***** CORAM : K.U.CHANDIWAL, J. DATE : 13th DECEMBER, 2011. PER COURT : 1) Heard extensively. Rejection of Exhibit-102 in Special Civil Suit No.70/2008 by learned 4th Joint Civil Judge, Senior Division, Ahmednagar, seeking amendment in the written statement, is questioned by the petitioner – Siddharth. 2) The plaintiff claimed to be widow of deceased Prasanna and sought partition of joint family property. There is already a written statement of the defendant-Siddharth on record. The defendant, by virtue of the amendment, desired to bring on record certain facts, which remained to be pleaded. He desires to bring on record that the plaintiff was already married to one Vijay Vidhate, which marital tie is still in existence. The defendant also desired, by amendment, that the marriage of deceased Prasanna or the plaintiff was 2 WP No.1744/2011 null and void. 3) Mr.Wani submits, by proposed amendment in Written Statement, the defendant desires to withdraw admissions earlier made. 4) Any admissions given in the Written Statement by the defendant or a party to the suit has its implications, to be read with other part of the pleadings and it need not be segregated. Effect of Section 31 of the Evidence Act has itself in-built limitations, which can be taken into consideration at proper stage. By way of amendment, it is not that the defendant specifically desires to withdraw certain admissions, but the events are sought to be brought on record, including status of the plaintiff. These aspects will have to be read with other part of the written statement. Consequently, it does not amount that the defendant, by way of amendment, would be benefited to withdraw recorded admissions. Rejection of Exhibit-102 for amendment of the written statement is set aside. Exhibit-102 is allowed. 5) Writ Petition allowed as above. No costs. (K.U.CHANDIWAL) JUDGE bdv/