Sukhpal Singh & Ors. v. Sukhjeet Kaur & Ors.
Case brief
What is this about?
The High Court set aside a lower court order that allowed a party to withdraw admissions made in a written statement and file a fresh one. The court held the withdrawal was an afterthought justified only after a两年 delay, despite the party's prior representation and recorded statement admitting the claim.
What did the court decide?
The impugned order dated 22.8.2008 accepting the application for withdrawal of admissions and permitting a fresh written statement is set aside to the extent of respondent No. 1's application.
What the court decided
CR No. 5370 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 5370 of 2008 (O&M) Date of decision: 21.4.2009
Sukhpal Singh and others
.. Petitioners
Vs.
Sukhjeet Kaur and others
.. Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. P.S. Jammu, Advocate for the petitioners.
Mr. Rajeev Godara, Advocate for respondents No. 1.
Rajesh Bindal J.
The plaintiffs are before this Court challenging the order dated 22.8.2008, passed by the learned court below, whereby the application filed by respondents No. 1 and 2 for withdrawing the admissions made by them in the written statement filed has been allowed and they have been permitted to file fresh written statement. The challenge is made qua the withdrawal of admissions made by respondent No. 1 only in the present petition.
Issues for consideration
1 issue framed by the court
Whether a litigant can withdraw a written statement admitting claims after a two-year delay when she previously recorded her acceptance in court?
Parties & counsel
- petitioner
Sukhpal Singh and others
- respondent
Sukhjeet Kaur and others
Coram
Rajesh Bindal
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · April
- Registered
- Case no.
- CR/5370/2008
Similar cases
Judgements on the same questions, provisions and authorities, from every court