( 1 ) BY this application under order VI Rule 17, Civil Procedure Code defendant no. 2,ereinafter referred to as the applicant, seeks leave to amend the written statement filed sometime in September 1985, by incorporating two new paragraphs mentioned in the application. In substance, the applicant wants to raise a plea that he has become absolute owner of the back portion of the property bearing no. 7/32, Roop Nagar, Delhi by virtue of a Will dated 27 October 1983 executed by late Sh. Sant Singh, co-owner of the suit property and defendant no. 1 herein.

( 2 ) THE application has emerged under the following circumstances :- The suit property originally belonged to one Sh. Man Singh, father of the plaintiff and defendant no. 1. He had executed a Will on 1 September 1956, bequeathing the property to his wife, Smt. Jeevan Dei. Sh. Man Singh died on 22 June 1972 and his will was probated on 30 August 1973. Smt. Jeevan Dei, on her part, executed a will on 5 September 1974, bequeathing specific portions of the suit property to her two sons namely, Sh. Dalip Singh-the plaintiff and Sh. Sant Singh-defendant no. 1. A site plan was also attached with the Will specifying the res