Peadings

Admission made by a party is only a piece of evidence and not conclusive proof of what is stated therein

Admission - Pleadings – An admission made by a party is only a piece of evidence and not conclusive proof of what is stated therein.

2020 SCeJ 469

Execution of the alleged agreement of sale is denied, which would essentially mean that the agreement of sale relied upon by the plaintiffs is a forged document

Statement that party has converted the blank signed document into document of sale agreement which would also essentially mean a forgery or a fabrication

Civil Procedure Code, 1908 (CPC), Order 6 Rule 17 - Petitioners by abundant caution want to plead forgery by using the word "specifically" and therefore has sought for the amendment - A perusal of the written statement already filed would categorically indicate that the written statement already contains averments as regards forgery and or fabrication alleged to have been committed by the plaintiffs and or their predecessor in as much as in the written statement, the execution of the alleged agreement of sale is denied, which would essentially mean that the agreement of sale relied upon by the plaintiffs is a forged document - Further more, the defendants in the written statement have stated that the plaintiffs have converted the blank signed document into document of sale agreement which would also essentially mean a forgery or a fabrication - As the ingredients of forgery and of fabrication having already been pleaded in the written statement filed, there would be no requirement for further clarification of the same by seeking for the amendment as sought for – Pleadings.

2021 SCeJ 291 (Kar.)