SATRUDHAN SINGH Vs. HARDWAR SINGH

JUDGEMENT

(1.) Defendants Ist set-petitioners, being aggrieved by the order dated 2.6.2005 passed by the Subordinate Judge, VIII, East Champaran at Motihari in Partition Suit No. 86 of 1998 rejecting their prayer for amendment of the written statement, have preferred this revision application.

(2.) Defendants-Ist set consist of defendant No. 1 to 6. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 filed separate written statements. Defendant Nos. 1 and 2 as also defendant Nos. 3 to 6 later on, also filed separate applications for amendment of the written statement.

(3.) Defendant Nos. 1 and 2 sought amendments of paragraph Nos. 9 to 12 and 14 of the written statement. In paragraph No. 9 of the written statement, these defendants had admitted that the land detailed in the deed of conveyance is a purchased land of plaintiff No. 1, whereas by proposed amendment, they seek to withdraw that and plead that it is not an acquired land of plaintiff No. 1 and, in fact, fell into his share and that of their father in partition and plaintiff is entitled to 1/3 share of that property. Further, admissions made in paragraph Nos. 10 to 12 and 14 are sought to be withdrawn by the proposed amendment. In paragraph Nos. 10 to 12 and 14 of the written statement, these defendants had admitted plaintiffs' averments in paragraph Nos. 8,9.11 and 14 of the plaint respectively. By the proposed amendment, they seek to withdraw these pleadings.