JUDGMENT

KURIAN, J.:

Leave granted.

2. Whether a defendant in a suit for partition can be permitted to withdraw an admission made in the written statement after a pretty long period, is the issue arising for consideration in these cases.

3. Partition Suit No. 696 of 1978, filed in the High Court of Calcutta on Original Side, pertains to the partition of premises No.6, Russel Street, Calcutta, originally belonging to one Motilal Kajaria. Defendant Nos. 5 and 12 are the son and widow, respectively, of the predeceased son, viz., Mahabir Prasad of Motilal Kajaria. In the Partition Suit, Defendant Nos. 5 and 12 filed a joint written statement on 16.08.1979, inter alia, stating as under:

“1. These defendants state that there is no cause of action against these defendants and these defendants are unnecessary parties and as such the suit against these defendants should be dismissed with costs,…

“a) xxx xxx xxx

b) In the year 1942, the said Mahabir Prasad Kajaria, since deceased separated from his father Motilal Kajaria since deceased and his brothers, namely the defendants No. 1 to 4 in food, estate and business. Since his separation from his father and brothers the said Mahabir Prasad Kajaria wa