S.N.JHA
Manik Chand Sonar @ Manik Chand Saraf – Appellant
Versus
Biharijee – Respondent
S.N.Jha, J.
1. The defendant is the petitioner in this civil revision. He is aggrieved by an order by which his petition for amendment of the plaint has been rejected.
2. The plaintiffs-opposite party filed Eviction -Suit No. 8 of 1988. In paragraphs 1 to 4 of the plaint in plaintiffs stated as to how the plaint in question belonged to one Mostt Jashoda Kuar as the absolute owner, which, was donated to the plaintiffs-deities by said Mostt. Jashoda Kuar under registered instrument dated 30.3.50, appointment of Ramji Prasad Singh and Lakshman Prasad Singh as mutwallis, as the said Ramji Prasad Singh is managing the property as mutwalli and collecting from defendant who has been, in occupation of the said premises described in Schedule II of the plaint, on payment of rent Rs. 50.00 per month. In paragraph 5 of the written statement, the defendant admitted the aforesaid statements made in paragraphs 1 to 4 of the plaint.
3. By the impugned amendment, however, he proposes to delete the said paragraph 5 of the written statement and, in its place, to substitute a new paragraph. In the proposed new paragraph he seeks to deny the statements made in paragraphs 1 to 4 of the plaint. H
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