( 1 ) BY this order, I propose to dispose of the application registered as I. A. No-2685/1995 filed by the plaintiff praying for striking out the averments made in the written statement, which is in the nature of complete departure from the original statements.

( 2 ) THE plaintiff filed the present suit seeking for a decree for partition and declaration. The aforesaid suit was contested by the defendant No. 4 now arrayed as defendant No. 3 by filing a written statement on 18. 3. 1982 to which a replication was also filed. On the basis of the pleadings of the parties, issues were framed in the suit on 22. 11. 1985 and additional issues were also framed on 30. 1. 1986. Under the aforesaid order dated 30. 1. 1986 the plaintiff was directed to file an amended plaint and also to make up the deficiency in the Court fee. The said order records the undertaking of the learned counsel of the plaintiff to amend the plaint and seek the relief of possession and pay ad valorem court fee.

( 3 ) PURSUANT to the aforesaid order, the plaintiff filed an amended plaint on 25th February, 1986. A copy of the said amended plaint is placed on record. It is stated that the aforesaid amen