( 1 ) DEFENDANTS 1 (a), (b) and (c) legal representatives of deceased defendant No. 1 Jaswant Singh Kochar have filed this application under Order VI Rule 17 read with Section 151 Civil Procedure Code for amendment of the written statement inter-alia alleging that while shifting from property No. A-5, Kalindi to 144, Sunder Nagar, New Delhi certain facts relating to the controversy in the present suit have come to their notice from the old records maintained by deceased defendant No. 1 and they want to bring those facts on record. Amendments sought, in brief, relate to the following pleas:-

(I) that the plaintiff while filing the present suit concealed that the firm M/s. B. Dadabhoy and its business was the subject matter of earlier Suit No. 247/68 filed by the plaintiff which was allowed to be withdrawn unconditionally by an order dated August 2, 1973; (ii) shop and the godowns in question always belonged to and remained in possession of deceased defendant No. 11; and (iii) after the withdrawal of the aforesaid suit and settlement of the claim of the plaintiff, deceased defendant No. 1 started a new firm under the name and style of Jaswant Singh Kochar and Brothers where