https://www.taxtmi.com/caselaws?id=176051 A categorical admission in a written statement ordinarily cannot be withdrawn by amendment so as to substitute a wholly inconsistent defence or destroy the opposite party's case.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. en-us Fri, 07 Mar 2008 00:00:00 +0530 Fri, 18 Dec 2015 14:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176051 A categorical admission in a written statement ordinarily cannot be withdrawn by amendment so as to substitute a wholly inconsistent defence or destroy the opposite party's case.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. Case-Laws Indian Laws Fri, 07 Mar 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176051