Amendment of pleadings cannot ordinarily withdraw categorical admissions or replace them with a wholly inconsistent defence.

A categorical admission in a written statement ordinarily cannot be withdrawn by amendment so as to substitute a wholly inconsistent defence or destroy the opposite party's case. Order VI Rule 17 CPC allows amendment of pleadings to determine the real controversy, but the discretion is limited and must be exercised judiciously; a clear admission in pleadings may be binding and, at most, may be explained or clarified if the earlier stand is not negated. Where the proposed amendment is mutually destructive of the admitted position, it should not be allowed. On the stated facts, the amendment withdrawing the admissions was unsustainable.

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Issues: Whether a defendant who had made categorical admissions in a written statement could be permitted to amend the written statement so as to withdraw from those admissions or substitute a wholly inconsistent defence.

Analysis: Order VI Rule 17 of the Code of Civil Procedure permits amendment of pleadings to determine the real controversy, but the power is discretionary and must be exercised judiciously. A clear admission in pleadings stands on a high footing and, unlike an evidentiary admission, is binding and may constitute the foundation of the other side's rights. While an admission may sometimes be explained or clarified, an amendment that seeks to completely resile from a categorical admission and displace the opposite party's case cannot ordinarily be allowed, especially where the proposed plea is mutually destructive of the earlier stand. On the facts, the defendant had initially accepted the plaintiff's case in toto, and after the challenge to her first written statement failed, she could not be permitted to reopen the matter by an amendment that would effectively withdraw those admissions.

Conclusion: The amendment ought not to have been allowed, and the impugned order permitting withdrawal from the admissions was unsustainable. The decision is in favour of the appellant.

Ratio Decidendi: A categorical admission in pleadings cannot ordinarily be withdrawn by amendment so as to displace the opposite party's case, though limited explanation or clarification of the admission may be permissible where it does not destroy the earlier stand.

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