Supreme Court of India · 2007-04-18
USHA BALASHAHEB SWAMI vs KIRAN APPASO SWAMI .
- Citation / case number
- SC 2006/314
- Court
- Supreme Court of India
- Petitioner
- USHA BALASHAHEB SWAMI
- Respondent
- KIRAN APPASO SWAMI .
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE & R.V.RAVEENDRAN
Judgment text excerpt
The Supreme Court held that the amendment of a written statement in a partition suit cannot be allowed if it contradicts prior admissions made by the defendants regarding the plaintiff's entitlement to a share in the property. The Court emphasized that once a party admits a fact, they cannot later seek to amend their pleadings to negate that admission. The appeal was allowed, and the High Court's order setting aside the Civil Judge's decision was overturned, reinstating the original ruling that denied the amendment.