Amendment of Pleadings and Withdrawal of Admissions

Intellectual Property By 0

The Delhi High Court in Baldev Singh v. Godran Rubber Plastic Industries, 1999 SCC OnLine Del 329, held that although amendments of pleadings should generally be liberally allowed under Order VI Rule 17 CPC, courts cannot permit amendments that introduce a completely inconsistent case or seek to withdraw clear admissions previously made in pleadings and related proceedings. The Court observed that judicial admissions carry substantial value and can only be withdrawn upon satisfactory explanation of inadvertent mistake. Since the plaintiff sought to alter the foundation of the suit by introducing a contradictory plea of prior user after previously denying such use, the amendment application was dismissed with costs.