Document denied by mistake
rv
(Querist) 14 March 2016
This query is : Resolved
A WILL filed by the defendants with WS in a partition suit was mistakenly denied by plaintiff 1 but not by plaintiff 2 who was transposed later. On carefully reading the WILL written in Hindi, it was found that this WILL actually admits creation of HUF. Question 1. Can the Plaintiffs make use of this WILL to prove that the HUF existed ?
Question 2. Can the Plaintiff 1 apply to court to change the denial and admit the document now ? The suit is at the stage of cross examination of Defendants.
Question 3. Why Plaintiff 2 who was initially a defendant was not required to admit or deny documents ? Is she bound by the denial by P1, the original Plaintiff ?
Devajyoti Barman
(Expert) 14 March 2016
1. Yes unless other defendants disprove this Will.
2. Now it is too late. The pleading was required to be amended which is not permissible once trial commences.
3.Admission or denial of one party to partition suit is not binding upon another party to the suit.
rv
(Querist) 14 March 2016
Thanks for quick response. It is re assuring.
Rajendra K Goyal
(Expert) 14 March 2016
How are you concerned with the query?
What are the views of your lawyer?
