LAW CHAMBER OF HINESH RATHOD (ADVOCATE)
February 5, 2025 at 04:29 PM
ADMISSION IN CIVIL CASES
In a case of Ram Kajaraia..vs.. Sheoprakash Kajaria, Mh.L.J. 2016(3) 172, it is held by Hon'ble Supreme Court that “Admission in pleading can not be withdrawn by way of Amendment.” Though the admission is the best piece of evidence, it is equally wellsettled that the admissions are not conclusive as contemplated under Section 31 of the Act as the maker of it is at liberty to prove that the admissions were mistaken or untrue.
If admissions made in written statement were found incorrect or were made due to mistake either in law or fact, or as a result of any fraud or manipulations, the defendant can be permitted to amend his written statement as the admissions are not conclusive proof of matters admitted but they may operate as estoppal and the maker of admissions is at liberty to prove that the admissions are mistaken
or untrue. Where the admission made by the plaintiff in his pleadings as well as in his statement on oath was that the suit premises was let out to the defendant for the commercial purposes, hence he (defendant) would be estopped to take a different stand as the admission may operate as an estoppal against him.