JDUGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of the Constitution takes exception to the order dated 10-1-1996 passed by the Civil Judge, J.D., Ajara below Ex. 71 in Regular Civil Suit No. 75 of 1988.

2. By the abovesaid application filed under Order 6, Rule 17 of the Code of Civil Procedure the petitioner (defendant) prayed for permission to amend written statement by inserting additional new paras (4a) and (4b) in the original written statement. This prayer has been rejected by the Court below by the impugned order mainly on the ground that this would result in permitting the petitioner-defendant to withdraw admissions given by him in the written statement. It is not necessary to advert to all the other details relating to the rival stands taken by the parties inter se. Suffice it to say that in the written statement the petitioner took specific stand that the suit property was subject matter of partition effected by metes and bounds between the brothers of the petitioner and same has came exclusively to the share of the petitioner. This assertion made in the written statement is now sought to be withdrawn by the petitioner praying for insertion of paras (

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