Baldev Singh & Ors. Etc vs Manohar Singh & Anr. Etc

J U D G M E N T (Arising out of SLP) Nos.12719-12720/2005) TARUN CHATTERJEE, Leave granted.

The case set up by the plaintiff/respondent No.1 was that the sale deeds executed on 24.6.1968 and 25.6.1968 in the names of his parents were benami transactions and the plaintiff/respondent No.1 was the real owner of the same as his parents had no money to pay the consideration money of the suit property and that the sale deeds were executed pursuant to an oral agreement to sell which was entered into only by the plaintiff/respondent No.1. The appellants entered appearance and filed their written statement, inter alia, denying that there was any agreement to sell the suit property or that the suit property was owned and possessed by the plaintiff/respondent No.1. It has also been pleaded in the written statement that the defendant No.1/appellant No.1 is the actual owner and in possession of the suit property because he was residing in India continuously in village Bhin without any interruption from any one whereas the plaintiff is residing permanently in Canada. During the pendency of the suit, an application for amendment of the written statement was filed by the appellants seeking its amendment in which it was alleged that the suit was barred by limitation and that the plaintiff/respondent No.1 had no money to pay the sale price of the suit property, and that the father of the parties, who was serving as a Foreman in the Central Government and their mother had sufficient income to pay the sale price of the suit property and on the death of their parents the names of the plaintiff and the defendants have been mutated in equal shares in respect of the suit property. Accordingly, the defendants/appellants sought for amendment of the written statement in the manner indicated herein earlier. It was further pleaded in the application for amendment of the written statement that the amendment sought for was in fact an elaboration of the case made out in the written statement. The High Court as well as the Trial Court rejected the application for amendment of the written statement.

(underlining is ours) In view of this decision, it can be said that the plea of limitation can be allowed to be raised as an additional defence by the appellants. Accordingly, we do not find any reason as to why amendment of the written statement introducing an additional plea of limitation could not be allowed. The next question is that if such amendment is allowed, certain admissions made would be allowed to be taken away which are not permissible in law. We have already examined the statements made in the written statement as well as the amendment sought for in the application for amendment of the written statement. After going through the written statement and the application for amendment of the written statement in depth, we do not find any such admission of the appellants which was sought to be withdrawn by way of amending the written statement.

For the reasons aforesaid, we are of the view that the High Court as well as the trial court erred in rejecting the application for amendment of written statement. Accordingly, the orders of the High Court and the trial court are set aside, the application for amendment of written statement is allowed. The defendants/appellants are directed to file an amended written statement within a period of one month from the date of production of this order before the trial court positively. Considering the facts and circumstances of this case, we direct the trial court to dispose of the suit within a period of one year from the date of communication of this order to it. The appeals are allowed. There will be no order as to costs.