Case Note & Summary
The dispute arose from a suit filed by M/s Future Builders Co-operative Housing Society against the defendants for declaration of title and injunction regarding a property. The Society claimed that the defendants, including S. Malla Reddy, had agreed to purchase land for the Society's benefit and had admitted this in their written statement. After several procedural developments, including the defendants' attempts to amend their written statement to withdraw admissions, the trial court initially allowed the amendment. However, the plaintiff challenged this in the High Court, which set aside the trial court's order, leading to the defendants' appeals to the Supreme Court. The Supreme Court examined whether the defendants could withdraw their admissions made in the written statement, which they had previously acknowledged in a caveat petition. The court found that allowing such a withdrawal would cause irretrievable prejudice to the plaintiff and that the defendants had not approached the court with clean hands. The court upheld the High Court's decision, emphasizing that the defendants could not resile from their admissions and that their application for amendment was an abuse of the process of the court. Consequently, the Supreme Court dismissed the appeals without costs.
Headnote
A) Civil Procedure - Amendment of Pleadings - Withdrawal of Admissions - Order VI Rule 17 CPC - Defendants sought to amend their written statement to withdraw admissions made in favor of the plaintiff-Society. The court held that such withdrawal is impermissible as it would displace the plaintiff's case and cause irretrievable prejudice. The High Court's order setting aside the trial court's permission for amendment was upheld (Paras 20-25).
Issue of Consideration
Whether the defendants could withdraw admissions made in their written statement and amend it after a significant delay and during the trial.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's order that the defendants could not withdraw their admissions made in the written statement and that the amendment application was an abuse of the process of the court.
Law Points
- Amendment of pleadings
- Withdrawal of admissions
- Abuse of process of court
- Article 227 of the Constitution of India
- Order VI Rule 16 CPC
- Order VI Rule 17 CPC
