CR No.6086 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6086 of 2008 Date of decision : 17-4-2009 Smt. Ganga Devi ....Petitioner VERSUS Abhey Ram ....Respondent CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Raj Kapoor Malik, Advocate, for the petitioner. Mr. Rajnish Gupta, Advocate, for the respondent. A.N. JINDAL, J. (Oral) Counsel for the petitioner states that the case is at the stage of evidence of the defendant whereas counsel for the respondent says that the case is fixed for rebuttal and arguments. Counsel for the petitioner-defendant has sought amendment of the written statement wherein he wants to amend the Para No.12 where it is mentioned that possession was never delivered to the plaintiff. According to defendant, the word “never” has been inadvertently mentioned. Actually possession was delivered. In other words he wants to withdraw the admission made in the written statement. CR No.6086 of 2008 -2- The amendment sought to be produced is regarding the factum of delivery of possession which could otherwise be proved by way of leading evidence. The admissions cannot supersede the record of rights. The wrong admissions can be proved to be erroneous as such if the evidence so led proves the possession of the defendant then that will not supersede such admissions. Dismissed. (A.N. JINDAL) 17-4-2009 JUDGE manju