GAUTAM SARUP versus LEELA JETLY AND ORS.

GAUTAM SARUP versus LEELA JETLY AND ORS.

A categorical admission made by a party in a written statement cannot be resiled from completely by subsequent amendment, unless explanation is offered such as admission obtained by fraud or mistake; mere denial without proof as to fraud or lack of engagement of counsel does not permit resiling from such admission. Amendment to withdraw admissions is not permissible. The courts below wrongly allowed amendment of written statement.

Parties
Appellant: Gautam Sarup; Respondent No. 6: Leela Jetly; Respondents: Leela Jetly and Ors.
Jurisdiction
India
Judgment Date
07 March 2008
Procedural Posture
Civil Appeal / Final Appeal From High Court Judgment
Outcome
Appeal allowed; impugned judgment of High Court set aside.
Legal Topics
Amendment of Pleadings, Admissions in Pleadings, Written Statement, Fraud, Permanent Injunction, Declaration of Title
Civil Procedure Evidence Amendment of Pleadings Admissions in Pleadings Written Statement Fraud Permanent Injunction Declaration of Title

Case Brief

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Parties

Gautam Sarup

Appellant

Leela Jetly

Respondent No. 6

Leela Jetly and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a categorical admission in a written statement can be resiled from by subsequent amendment
  2. 2 Permissibility of amendment of written statement after an admission when fraud is not proved
  3. 3 Whether alternative pleas in pleadings can be mutually destructive

Ratio Decidendi

A categorical admission made by a party in a written statement cannot be resiled from completely by subsequent amendment, unless explanation is offered such as admission obtained by fraud or mistake; mere denial without proof as to fraud or lack of engagement of counsel does not permit resiling from such admission. Amendment to withdraw admissions is not permissible. The courts below wrongly allowed amendment of written statement.

Court Disposition

Appeal allowed; impugned judgment of High Court set aside.

Orders

  • Written statement amendment by Respondent No. 6 not permitted
  • No order as to costs