ANWAR Vs. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties. This is plaintiffs' writ petition who have filed Original Suit No.222 of 1985 against contesting respondents for partition and for mandatory injunction. Petitioners have claimed that their share in the property in dispute is 1/4th. Some of the defendants filed written statement admitting some of the facts mentioned in the plaint. Thereafter those defendants filed application seeking amendment in the written statement. Trial court/Munsif, Mohamdabad District Ghazipur through order dated 11.2.1988 allowed the amendment application. Against the said order plaintiffs- petitioners filed Civil revision no. 49 of 1988 which was dismissed by District Judge, Ghazipur on 29.3.1988 hence this writ petition.

(2.) THE only ground taken in the amendment application was typing errors in the original written statement and that some essential facts had been omitted which required to be mentioned.

(3.) IN the following case the Supreme Court held that even admission in the written statement could be withdrawn. AIR 1995 Supreme Court 1498 "Akshaya Restaurant v. P. Anjanappa".