Legal Issue: Can a defendant withdraw or amend an admission—express or implied—made in his written statement, particularly when such admission was made due to counsel's error or omission?
Reasoning: The court examined whether admissions are binding and when amendments are permissible. It noted that express admissions are typically final, but implied admissions, especially those made inadvertently, can be corrected through amendments. The court emphasized that amendments should be allowed to prevent injustice, unless they cause serious prejudice or alter the core case of the plaintiff.
Issues:
- Whether admissions in pleadings can be withdrawn or amended?Difference between express and implied admissions concerning their withdrawal.Whether mistakes by counsel justify amendments to retract inadvertent admissions?
Conclusion: The court held that amendments allowing withdrawal of implied or mistaken admissions are permissible, provided they do not prejudice the other party. It emphasized that courts should exercise their discretion generously to prevent injustice but must balance fairness. The court directed a reconsideration of the matter allowing appropriate amendments, clarifying that mistakes, especially due to counsel’s error, should not be a bar to justice.
