( 1 ) THIS Rule is directed against order No. 112 dated 30-9-1975 allowing the amendment of the plaint in a suit filed on 19-8-1970. The plaintiff opposite party Instituted the suit for declaration on his share in 'ka' and 'kha' schedule properties of the plaint and for partition of his share by metes and bounds on allegations stated in brief as follows :--One Behari Lal Das acquired 'ka' schedule property in the benami of his daughter-in-law Siddeswari; 'kha' schedule property was acquired by mortgaging 'ka' schedule property as also out of its usufructs in the name of Sidheewari aforesaid who had no income or fund by herself. The defendant No. 1 who is full brother of the plaintiff obtained the deed of gift of the said property in his favour on 7-10-1967 from Sidheswari by exercising of fraud and undue influence on revocation of the earlier deed made in favour of defendant No- 2 their full aster, in respect of 'ka' schedule property. The said deed of 1967 was not binding on the plaintiff and as Sidheswari acquired 1/4th Interest by inheritance, by the aforesaid deed she could convey only her 1/4th share to the defendant by the said deed executed by her. The