Honble SHARMA, J. – Core question which arises for determination in this revision is as to whether an admission made in the pleadings, by a party, can be withdrawn or explained away by amendment?

(2). This question has emerged in the circumstances set out herein below:–

(i) A suit for partition of immovable property was instituted by plaintiff non-petitioner No. 1 (for short plaintiff) against the defen- dant petitioners (for short defendants) and non petitioners No. 2 to 15 in the Trial Court stating therein that the defendants were real brothers and non- petitioner Smt. Ghisibai, Smt. Mohinibai and Smt. Sohinibai were the widow and daughters of their predeceased Birdhilal. The defendants and the ladies mentioned herein above were the members of the Joint Hindu Family which owned immovable property consisting of houses, plots and agricultural lands. Defendant Kalyan Mal being Karta of Joint Hindu Family was managing the properties in that capacity. He had been keeping tenants and managing for the cultivation of the agricultural lands and receiving its income. Plaintiff further stated in the plaint that being employee in the Medical Department, he had to remain out of Keshorai-Patan.

Click Here to Read the rest of this document