MOST SINGHESHARI DEVI Vs. DEENA NATH PANDEY

JUDGEMENT

(1.) THIS civil revision is by the plaintiffs. They are aggrieved by order dated 21.8.96 by which defendant Nos. 1 to 3 have been allowed leave to amend their written statement.

(2.) THE suit has been filed for partition and injunction. According to the plaintiffs, their husband and father, respectively, Kailash Pandey died in the state of jointness with his agnates, original defendant and his father. By amendment they mentioned the year of his death as 1946. Defendant Nos. 1 to 3 denied the plaintiffs ' case. According to them, Kailash Pandey died prior to 1937. The plaintiffs are not his heirs. In the additional written statement which they filed pursuant to amendment of plaint, they mentioned the year of death of Kailash Pandey as 1932.

(3.) COUNSEL for the defendants submitted that the amendment can be refused only if