ORDER

Heard.

The facts reveal that the opposite party No.1 as plaintiff filed a suit for partition of the properties, which were described in Schedule A, Band C of the plaint. She claimed 1/6th share in both A and C Schedule properties and 1/3rd share in Schedule B property. The petitioner is one of the defendants being defendant No.1, who is the brother of the plaintiff. He pleaded, inter alia, that their mother Bhabi, who is the widow of Krushna executed two registered gift deeds in his favour in respect of her share in schedule A and B properties. The said gift deeds were executed in the year 1981. The written statement was filed on 20.07.1998. Waiting for about six years, the plaintiff filed an amendment application on 18.09.2004 to amend the plaint by introducing the pleading that the petitioner defendant No.1 taking advantage of the old age, ailment, innocence and helplessness of their mother got the two gift deeds executed and registered by exercising undue influence, which are unacceptable in law. She further wanted to introduce by way of amendment the pleadings that the alleged two gift deeds are not genuine and were kept in a concealed manner, which were disclosed in the wr