RAM NIRANJAN KAJARIA versus SHEO PRAKASH KAJARIA AND OTHERS

RAM NIRANJAN KAJARIA versus SHEO PRAKASH KAJARIA AND OTHERS

A party cannot be permitted to wholly withdraw a categorical admission made in pleadings, but may explain or clarify the admission by amendment; the attempt to wholly resile from an admission after twenty-five years is not permissible. However, the basis of the admission may be attacked in substantive proceedings, and delay alone is not crucial for such amendment.

Parties
Appellant: Ram Niranjan Kajaria; Respondents: Sheo Prakash Kajaria and Others
Jurisdiction
India
Judgment Date
18 September 2015
Procedural Posture
Civil Appeal / Supreme Court Appellate Review of Division Bench Judgment (calcutta High Court)
Outcome
Appeals partly allowed; impugned Division Bench judgment modified
Legal Topics
Amendment of Pleadings, Admission in Written Statements, Withdrawal and Explanation of Admissions, Partition Suits
Civil Procedure Evidence Property Law Amendment of Pleadings Admission in Written Statements Withdrawal and Explanation of Admissions Partition Suits

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Parties

Ram Niranjan Kajaria

Appellant

Sheo Prakash Kajaria and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Review of Division Bench Judgment (calcutta High Court)

Legal Issues

  1. 1 Whether a defendant in a suit for partition may withdraw an admission made in a written statement after a long period
  2. 2 Permissibility of amendment to written statement for withdrawal or clarification of admission

Ratio Decidendi

A party cannot be permitted to wholly withdraw a categorical admission made in pleadings, but may explain or clarify the admission by amendment; the attempt to wholly resile from an admission after twenty-five years is not permissible. However, the basis of the admission may be attacked in substantive proceedings, and delay alone is not crucial for such amendment.

Court Disposition

Appeals partly allowed; impugned Division Bench judgment modified

Orders

  • Application for amendment withdrawing admissions regarding relinquishment by Defendant Nos. 5 and 12 is rejected.
  • Defendant Nos. 5 and 12 are permitted to file an application, within one month, limiting their prayer to explaining/clarifying disputed admissions in the written statement.