M/s Holisticc Construction Pvt Ltd vs. M/s Floritech Buildcon Pvt Ltd

Civil Miscellaneous (Main) Petition · 2026:DHC:8011Decided 18 Sept 2026New Delhi Bench
CM(M) 3094/2024CNR: DLHC010462782024
Justice Ajay Digpaul

Background

M/s Floritech Buildcon (the plaintiff) sued M/s Holisticc Construction (the defendant) to recover about Rs. 17.4 lakh, claiming it had supplied stone materials for which payment was never made. In its original written statement filed in 2021, the defendant flatly denied receiving any goods, any invoices, or owing any money at all, a position it repeated in its formal document-denial affidavit. Roughly three years later, and after the plaintiff had already filed for a summary judgment, the defendant suddenly sought to amend its written statement to instead admit that it had issued three specific purchase orders (for a lesser amount than what the plaintiff was claiming), arguing this only came to its notice "recently." The trial court refused this amendment, and the defendant challenged that refusal before the High Court.

Decision Breakdown

The High Court upheld the trial court's refusal, holding that a party cannot use an amendment to completely reverse a categorical earlier denial and substitute a contradictory new defence. That is different from merely clarifying or adding detail to an existing position, which the law does allow. It found the defendant's explanation (that its own 2016 purchase orders had only "recently" come to its notice) implausible for a company dealing with its own business records, especially after a three-year delay and after the case had already progressed to the evidence stage. The Court distinguished the precedents cited by the defendant, noting they involved genuinely new developments during the case, not an attempt to retract one's own prior admission/denial. The petition was dismissed, with the Court clarifying it had not expressed any view on who would ultimately win the underlying money dispute.

Lesson Learnt

In litigation, you generally cannot flatly deny a fact in your initial pleadings and then, years later, try to reverse that denial through an amendment. Courts allow pleadings to be clarified or supplemented, but not turned into their own contradiction, especially where the "new" facts were available to the party all along.

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