spb/- 1 28-10wp-7078-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 7078 OF 2010 Tejindersingh Baldevsingh Kohli & Ors. ... Petitioners. Vs. Smt. Harjitkaur Kuljeet Singh Kohli ... Respondent. --- S/Shri L.M. Acharya i/by Sathyam Acharya for the Petitioners. Shri Shiram S. Kulkarni for the Respondent. ----- CORAM : J. H. BHATIA, J. DATE : 28TH OCTOBER, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The plaintiff-respondent has filed the special civil suit no. 101 of 2000 for partition and separate possession. In para 4 of the plaint she contended that the income from the family business was Rs. 2.50 lakhs per month in the hands of the defendant no.2. In para 8 of the written statement, which was in reply to para 4 of the plaint, there was no specific denial in respect of the income. However, in para 4 of the written statement it was stated that the contents which are not specifically admitted herein, shall be deemed to be denied and not admitted by the defendants. The petitioner/defendant filed application Exh. 135 after spb/- 2 28-10wp-7078-10.sxw commencement of the evidence, seeking amendment in para -4 only to deny that the income was Rs. 2.50 lakhs. While rejecting that application, the trial court observed that the defendant has not denied specifically the averments of income in the written statement and therefore it can be said to be the admission and admission cannot be allowed to be withdrawn by way of amendment. 3 After some discussion at the bar, I find that the observations made by the trial court that there was an admission of the income of Rs. 2.50 lakhs because it was not specifically denied in reply to para-4, is not correct. In view of the statement in para-4 of the written statement this could not be treated as admission. The plaintiff would be required to independently prove the income from the business for the purpose of partition and accounts of the business. Defendant may also be required to lead evidence about income. 4 Petition stands disposed of as withdrawn with the aforesaid clarification. In case the petitioner wants to lead more evidence to prove income, she shall be given opportunity and similarly the defendants shall also be given an opportunity to rebut the same. The Petition stands disposed of accordingly. [J.H. BHATIA, J.]