Ram Niranjan Kajaria Vs. Sheo Prakash Kajaria and Others
|
Head Note
The Code of Civil Procedure, 1908 - Order VI Rule (17)
Amendment of Pleading - Admission - Withdrawal of - Held that a categorical admission made in the pleadings cannot be permitted to be withdrawn by way of an amendment - However, the admission can be clarified or explained by way of amendment and the basis of admission can be attacked in a substantive proceedings.
The Code of Civil Procedure, 1908 - Order VI Rule (17)
Amendment of Pleading - Written statement - Admission - Withdrawal of - Delay of 25 years - Held that delay in itself may not be crucial on an application for amendment in a written statement, be it for introduction of a new fact or for explanation or clarification of an admission or for taking an alternate position -Issues have been framed in the case only in 2009 - Nature and character of the amendment and the other circumstances are relevant while considering the delay and its consequence on the application for amendment - But a party cannot be permitted to wholly withdraw the admission in the pleadings.
The Code of Civil Procedure, 1908 - Order VI Rule (17)
Amendment of Pleadings - Admission - Withdrawal of - Partition suit - Application for amendment withdrawing the admissions made in the written statement on relinquishment of the claim to the suit property by Defendant Nos. 5 and 12 liable to be rejected -In the facts and circumstances of the case Defendant Nos. 5 and 12 given an opportunity to explain/clarify the admissions made in the written statement - Defendant Nos. 5 and 12 permitted to file an application within one month limiting their prayer only to the extent of explaining/clarifying the disputed admissions in the written statement which will be considered on its merits and in the light of the observations made herein.
Topic(s)-Amendment of Pleadings - Admission - Withdrawal of - Partition suit - Amendment rejected