HEERALAL versus KALYANMAL AND ORS.

No case was made out for amending written statement to withdraw admission regarding 5 of 7 properties in Schedule A, as such withdrawal would totally displace plaintiff's case and cause irretrievable prejudice. Amendment concerning Schedule B properties was permissible as it did not prejudice plaintiff or displace any admission.

Parties: Appellant: Heeralal; Respondent: Kalyanmal; Respondent: Respondent No. 2
Jurisdiction: India
Judgment Date: 19 November 1997
Procedural Posture: Civil Appeal / Appeal From Rajasthan High Court, Judgment and Order Dated 19.2.97
Outcome: Appeal partly allowed
Legal Topics: Amendment of Pleadings, Withdrawal of Admission, Partition Suit

Civil Procedure Amendment of Pleadings Withdrawal of Admission Partition Suit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2

Parties

Heeralal

Appellant

Kalyanmal

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal From Rajasthan High Court, Judgment and Order Dated 19.2.97

Legal Issues

1 Whether amendment withdrawing admission in written statement regarding joint family properties can be allowed
2 Whether such withdrawal would prejudice plaintiff's case
3 Whether amendment regarding Schedule B properties is permissible

Ratio Decidendi

Court Disposition

Appeal partly allowed

Orders

Application for amendment of written statement withdrawing admission about 5 properties in Schedule A dismissed
Order allowing amendment regarding Schedule B properties remains untouched