DILEEP SINGH MEHTA v. MACKINNON MACKENZIE AND CO. LTD.
1992-04-06
A.N.RAY
body1992
DigiLaw.ai
A. N. RAY, J. ( 1 ) THIS is an application for amendment of written statement. The third paragraph of the written statement is intended to be amended by deleting the statement therein that one Mr. A. B. A. Dubash who took part in certain discussions with the plaintiff' in or about March 1986 was not the Managing Director of the defendant. ( 2 ) PAGES 3, 42, 53 and 57 of the petition have been placed before me and it is said on the basis of the minutes of the board meeting of 5/08/1986 and a copy intimation to the Registrar of Companies that the said Dubash was appointed as an Additional Director any from 5/08/1986 which was far later than March, 1986 and that he resigned from the Board as per the intimation dated 5th Feb. 1990. ( 3 ) THE defendant has no doubt admitted the Managing Directorship of Dubash in the written statement but there is no pointed date given in relation to the duration of the said Managing Directorship. Moreover, even though the written statement contains such an admission, the same is not a conclusive proof of the Managing Directorship of Dubash but that the defendant would be free to prove at trial other facts which might lead ultimately to a conclusion that Dubash was not a Managing Director, notwithstanding an admission to the contrary in the written statement, allegedly erroneously made. ( 4 ) IT is also settled law that issues at trial are raised not merely upon the pleadings, but that it is open to raise issues on other relevant documents also. The instant application of the defendant seeking to erase the aforesaid admission would also be on record for all times notwithstanding the disposal of the application. Accordingly, on the basis of this application the defendant would be entitled to contend that an issue should arise upon the factual accuracy of the description of Dubash as Managing Director even though an admission, allegedly by mistake, has crept into the written statement in that regard. ( 5 ) ON the other hand, if the admission is erased out today, the plaintiff would for ever be deprived of a valuable possible point at the trial of suit which might, in some way, affect the ultimate result at the hearing of the suit itself.
( 5 ) ON the other hand, if the admission is erased out today, the plaintiff would for ever be deprived of a valuable possible point at the trial of suit which might, in some way, affect the ultimate result at the hearing of the suit itself. Such a permission to erase an admission is for this reason classed as an amendment which is not necessarily outside the possibility of causing any irreparable prejudice to the other party. Such irreparable prejudice would be a possible change in the outcome of the lis itself by reason of permission of the amendment. ( 6 ) UNDER those circumstances, with the aforesaid observations to the liberties of the defendant at the trial, no order in my opinion could be passed on this application. The same is accordingly disposed of without any order as to costs or otherwise. ( 7 ) ALL parties are to act on a signed xerox copy of this dictated order upon usual undertaking. Order accordingly.