Supreme Court · 2015 INSC 673 · Decided 18 September 2015

Ram Niranjan Kajaria v. Sheo Prakash Kajaria and Others

Court
Supreme Court of India
Citation
2015 INSC 673 · [2015] 12 S.C.R. 369
Case number
CIVIL APPEAL No. 7213/2015
Decided
18 September 2015
Bench
ANIL R. DAVE, KURIAN JOSEPH, AMITAVA ROY (3-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Evidence Act

Headnote

369 RAM NIRANJAN KAJARIA v. SHEO PRAKASH KAJARIAAND OTHERS (Civil Appeal Nos.7213-7214 of2015 etc.) SEPTEMBER 18, 2015 [ANIL R.DAVE, KURIAN JOSEPH AND AMITAVA ROY,JJ.) A B Evidence Act, 1872 - Admission - Withdrawal of - C Permissibility- Suit for partition - Two of the defendants in their Held: A party cannot be permitted to wholly D withdraw the admission in the pleadings - However, the admission can be clarified 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 -

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