- (1.) Leave granted.
(2.) Whether a defendant in a suit for partition can be permitted to withdraw an admission made in the written statement after a pretty long period, is the issue arising for consideration in these cases.
(3.) Partition Suit No. 696 of 1978, filed in the High Court of Calcutta on Original Side, pertains to the partition of premises No.6, Russel Street, Calcutta, originally belonging to one Motilal Kajaria. Defendant Nos. 5 and 12 are the son and widow, respectively, of the predeceased son, viz., Mahabir Prasad of Motilal Kajaria. In the Partition Suit, Defendant Nos. 5 and 12 filed a joint written statement on 16.08.1979, inter alia, stating as under: "1. These defendants state that there is no cause of action against these defendants and these defendants are unnecessary parties and as such the suit against these defendants should be dismissed with costs, "a) xxx xxx xxx b) In the year 1942, the said Mahabir Prasad Kajaria, since deceased separated from his father Motilal Kajaria since deceased and his brothers, namely the defendants No. 1 to 4 in food, estate and business. Since his separation from his father and brothers the said Mahabir Prasad Kajaria was carrying on his independent business and holding his own separate property. The said "Mahabir Prasad Kajaria" also renounced all his interests in all the properties and assets of his father the said Motilal Kajaria since deceased. c) These defendants state that neither of them is a co-sharer for the Premises No. 6, Russel Street, Calcutta and nor they have any right title or interest whatsoever in the said premises. These defendants further state that after the death of Motilal Kajaria neither of these defendants had inherited his property nor business as the said Mahabir Prasad separated from his father and brothers in 1942 and renounced all his rights, title and interest in the properties of the said Motilal Kajaria.";