AJIT KUMAR Vs. KIRAN KUMARI

JUDGEMENT

(1.) PRESENT revision petition has been filed against the order passed by learned Senior Sub Judge, Jind, vide which an application moved by the defendant-respondents for withdrawal of their admission in the written statement was allowed on the plea that the same was obtained fraudulently and by misrepresentation.

(2.) IT was claimed by the defendant-respondents that the written statement admitting the claim of the plaintiff was not filed on their own sweet will nor the statement was made in court on their own sweet will. Rather the said statement and the written statement were obtained by playing fraud, coercion and misrepresentation.

(3.) THE application was allowed by placing reliance on the judgment of Hon'ble Supreme Court in the case of Panchdeo Narain Srivastav v. Km. Jyoti Sahay and another, AIR 1983 SC 462 wherein Hon'ble Supreme Court was pleased to lay down that an admission made by the party may be withdrawn or can be explained away and therefore, it could not be said that by amendment an admission of fact cannot be withdrawn. It was observed that in view of the allegations of fraud, coercion and misrepresentation against the plaintiff they were entitled to contest the suit on merit and accordingly they were allowed to file an amended written statement.