R. C. PATNAIK, J.

( 1 ) CAN an admission made by a party in pleadings be withdrawn by amendment ?--this is the short question that arises for consideration in this revision.

( 2 ) OPPOSITE Party No. 1 brought an action for partition and sought relief under Section 4 of the Partition Act. She alleged that Banamali, her father, and Anam were brothers and their residential house and homesteads had not been divided. The husband of the petitioner (defendant No. 2), a stranger to the family, purchased the residential house and homestead from Guluri, the daughter of Anam. This was stated to be the cause of action for the suit.

( 3 ) THE petitioner, widow of the vendee, alleged that there was a partition in the year 1953 and Anam, the father of the vendor, passed away in 1955.

( 4 ) DURING trial the plaintiff proved a sale deed dt. 28-5-1953 executed by Guluri, the daughter of Anam, in favour of Banamali. The said sale deed disclosed that by 28-5-1953 Anam was dead.

( 5 ) THE petitioner then filed the application for amendment stating : She was not born either at the time of partition or at the time of the death of Anam. The time of partition and death of Anam were furnished after enq