Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act 1872 - Admission - Withdrawal of - C Permissibility- Suit for partition - Two of the defendants in their written statements made admissions regarding relinquishment of their right in the suit property - After 25 years the admission can be clarified or explained by way of amendment and the basis of admission can be attac seeking amendment of written statement withdrawing their admissions- Held: A party cannot be permitted to wholly D withdraw the admission in the pleadings - However |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872 — Admission — Withdrawal of — Permissibility — Suit for partition — Two of the defendants in their written statements made admissions regarding relinquishment of their right in the suit property - After 25 years, seeking amendment of written statement withdrawing their admissions — Held: A party cannot be permitted to wholly withdraw the admission in the pleadings — However, the admission can be clanified or explained by way of amendment and the basis of admission can be attacked in a substantive proceedings — Delay by itself may not be crucial in such amendment — Therefore, the claim of defendants for withdrawal of their admissions is rejected - However, they are given opportunity to explain/clarify their admissions. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2015 INSC 673 |
Petitioner | Ram Niranjan Kajaria |
Respondent | Sheo Prakash Kajaria And Others |
SCR | [2015] 12 S.C.R. 369 |
Judgement Date | 2015-09-18 |
Case Number | 7213-7214 |
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