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.