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september 1976

Supreme Court of India · 1976-09-23

MODI SPINNING & WEAVING MILLS CO. LTD. & ANR. vs LADHA RAM & CO.

Citation / case number
SC 1976/61036
Court
Supreme Court of India
Petitioner
MODI SPINNING & WEAVING MILLS CO. LTD. & ANR.
Respondent
LADHA RAM & CO.
Author
A.N. () RAY
Bench
A.N. (CJ) RAY

Judgment text excerpt

The Supreme Court upheld the trial court's decision to dismiss the defendants' application for amendment of their written statement, emphasizing that inconsistent pleas can be made, but a complete substitution of the case is impermissible. The Court ruled that allowing such amendments would irretrievably prejudice the plaintiff by negating admissions made by the defendants. The judgment reinforces the principle that amendments should not change the fundamental nature of the case presented in pleadings.

MODI SPINNING & WEAVING MILLS CO. LTD. & ANR. vs LADHA RAM & CO. · Niyam