JUDGMENT :

Rajiv Sharma, J.

This petition is instituted against the order dated 3.5.2005 rendered by Additional District Judge, Ghumarwin, District Bilaspur in CA No.244/13 of 2004/1999.

2. ?Key facts? necessary for the adjudication of this petitioner are that the predecessor-in-interest of respondents-plaintiffs, namely Smt. Devku Devi has instituted a suit for declaration and permanent prohibitory injunction and for possession against the petitioner-defendant (hereinafter referred to as the ?defendant? for convenience sake) in the Court of Senior Sub Judge, Bilaspur bearing case No. 397-1 of 1995. The suit was decreed by the learned Senior Sub Judge, Bilaspur on 16.9.1999. Defendant filed an appeal before the learned Additional District Judge against the judgment and decree dated 16.9.1999. Smt. Devku died on 8.8.2002 and the plaintiffs were brought on record after the death of Devku Devi.

3. Defendant filed an application under Order 6 Rule 17 of the Code of Civil Procedure seeking the following amendment in the written statement:

“That the Devku did never execute any will in favour of the respondent. She was not having sound disposing mind and did not enjoy cognitive facilities to e