RAM DHYAN RAI Vs. MOSTT PEYARO KUER

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS revision petition has been preferred against the order dated 2.12.99 passed by the Vlllth Sub -Judge, Siwan in T.S.No. 178 of 1989 whereby and whereunder the amendment of the written statement filed by Original defendant no.3 as pressed from the side of the defendant nos.1 and 3 had been allowed. The Plaintiffs -petitioners have filed the above mentioned suit for partition and also with other reliefs. It was specifically contended that defendant no.3 in the suit was the elder brother and he was managing the properties while the other two brothers were serving elsewhere and were sending money and by that money improvements were made in the suit property itself. The written statement was filed by the defendant no. 3 and in paragraph 24 of that written statement some admission was made by the defendant no. 3 to the effect that houses were constructed on the contribution of the money sent by the plaintiff and other brothers and that the plaintiff and the other brothers was allowed to stay in that house itself when they came up after their service career. Defendant no. 3 died during the pendency of the suit and in his place heirs have been substituted. Now the heirs have filed the petition for amendment of the written statement by deleting such paragraph 24 and also adding some more lines denying the whole contention of the plaintiff. Such amendment sought for had been resisted from the side of the petitioner to the effect that once an amendment has been made by the predecessor the same cannot be withdrawn by the heirs when they have stepped into the shoes of their predcessors and such statement made in the earlier written statement was admissible in evidence as per section 32 of the Evidence Act. But such statement had been turned down by the learned court below and amendment was allowed on the plea that the same would not change the nature of the suit.