GURUSHARAN SHARMA, J. - (1.) IN Title Suit No, 20 of 1994, plaintiffs claimed their interest in the suit land on the basis of raiyati settlement said to have been obtained by their ancestor, Madhu Kewat in February, 1947, from the then landlord, Kunwar Chandra Mauleshwar Narain Singh, Malik Estate Dadikala, Purana Kila, Padma. Name of aforesaid the then landlord was specifically mentioned in paragraph 2 of the plaint, which was admitted by defendants in paragraph 7 of their written statement in the following terms : - - "Statements made in paragraphs 1 and 2 of the plaint are correct and be read with modification that the entire area of Gair Majarua Khata No. 1504 and other lands of Khata No. 1 of village were in exclusive possession of the landlord, who donated the same to Bhudan Yagya Committee and put the committee in possession of the same."
(2.) AFTER the plaintiffs closed their evidence, defendants started adducing evidence, and at that stage, a petition (Annexure I) was filed for various amendments including in paragraph 7 of the written statement, which read as under : - - "The alleged Kunwar Chandra Mauli Narain Singh never or in the year 1947 was ex -landlord of C.S. Khata No. 1 of village Chilgara, as alleged by the plaintiffs." The aforesaid proposed amendment amounted to withdrawal of aforesaid admission of defendants in respect of name of the then landlord, which was not permissible by way of amendment at this stage.
(3.) IN such circumstance, impugned order dated 14.9.1998 is modified to the aforesaid extent only and proposed amendment quoted in paragraph 2 above is disallowed.;