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Manju Gaind vs. Kamla Rani & Ors.

First Appeal from Order (Original Side) · 2026:DHC:7816-DBDecided 15 Sept 2026New Delhi Bench
FAO(OS) 58/2024CNR: DLHC010242012024
Justice Vivek Chaudhary · Justice Renu Bhatnagar

Background

Manju Gaind sued her siblings for her 1/7th share in properties left by their late father. The defendants' written statement initially listed certain properties as ones in which "the Plaintiff has received her share," but later sought to amend this to correct what they said were typographical and factual errors, including moving one property (already stated to belong to a brother) out of that heading altogether. Manju Gaind argued this amendment took away admissions already made in her favour.

Decision Breakdown

The High Court found that the "admissions" were not being withdrawn at all: the underlying facts and ownership details in the written statement stayed the same both before and after the amendment; only a mislabelled heading was corrected to match what the document already said elsewhere. Applying settled principles that amendments should be allowed liberally unless they genuinely erase a real admission or cause irreparable prejudice, the Court upheld the trial court's decision to permit the amendment and dismissed the appeal.

Lesson Learnt

Not everything that looks like an "admission" in a pleading is a binding concession: courts will look at the document as a whole, and a correction that merely aligns a heading with facts already stated elsewhere in the same document is not an improper attempt to withdraw an admission.

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