In Ram Niranjan Kajaria, the Apex Court
held that even though an attempt to wholly resile
from an admission cannot be permitted, the
admission can be clarified or explained by way of
amendment and the basis of admission can be
attacked in a substantive proceedings. This court
in Pavithran also held that if an admission could
be explained away or can be rescinded or
superseded, there cannot be any prohibition
against such admission being allowed to be taken
away by amending the pleading. The aforementioned
decisions would have applied, had the attempt of
the petitioner been to only explain or clarify the
admission. On the contrary, the attempt here is to
withdraw the admissions and set forth an entirely
new case. As held by the Apex Court in Modi
Spinning and Weaving Mills (supra), the defendant
cannot be permitted to change his case completely
and substitute an entirely new case. Here, the
the amendments would, not only have the effect of
the defendant making inconsistent and alternative
pleadings, but also of completely displacing the
admissions made in the written statement. Even the
most liberal approach towards amendment of written
statements will not justify the approval of such
an application.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
MR.JUSTICE V.G.ARUN
MUHAMMED ASHRAF, Vs FASALU RAHMAN,
O.P.(C)No.1374 of 2021
Dated: 10TH DAY OF SEPTEMBER 2021
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