R. C. PATNAIK, J.

( 1 ) THIS revision is directed against an order of the Munsif, Bhadrak, rejecting an application for amendment of the written statements filed by defendants 1, 2 and 3.

( 2 ) THE plaintiff instituted a suit for declaration of title, confirmation of possession; in the alternative for recovery of possession and injunction. The suit properties are comprised in two Schedules 'a' and 'b' which originally belonged to the Behera family. Long before 1928, the members had amicably divided the property by partition by metes and bounds setting apart a tank and the road for common use. In view of the partition, in the record-of-rights of 1928, the property stood separately recorded as per the allotment.

( 3 ) SCHEDULE 'a' property passing through various hands in course of transactions ultimately reached the plaintiff who purchased the same by a registered sale deed dated 7-1-1963.

( 4 ) IN regard to the 'b' schedule property, it is the plaint case that this property fell to the share of the branch consisting of Jaladhar, Naran and Nisakar. On the death of Naran and Nisakar, Jaladhar became the sole survivor and sole owner of the 'b' schedule property. On his, death, his