SITA RAM Vs. XIVTH ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 23-7-1999 passed by respondent No. 1 al lowing the revision and rejecting the ap plication for amendment filed by the defendant-petitioners.

(2.) THE plaintiff-respondents filed suit for recovery of arrears of rent, ejectment and damages against the petitioner with the allegations that they were owners and landlords of House No. 23/29, Mohalla Chitgra Ghanta Ki Gali, Chowk, Varanasi wherein there is a Kothri in which deity is installed of which defendant No. 2 is in service. THE petitioners filed written state ment and in paragraph 1 of the written statement they asserted that they have no knowledge with regard to ownership of the property of the plaintiff. In paragraph 25 of the written statement it was stated that the defendants have no knowledge as to how the petitioners are owners of the property but without going into the con troversy they alleged that they were admit ting the plaintiffs as owners of the proper ty-

(3.) LEARNED counsel for the petitioners submitted that the petitioners are entitled to withdraw their admission if they can explain their admission and the reasons under which they had made such admission. He has placed reliance upon the decision Panchdeo Narain Srivastava v. Km. Jyoti Sahay and another, AIR 1983 SC 462, wherein it was held that an admission made by a party may be withdrawn or may be explained away.