( 1 ) THIS writ petition under Article 226 of the Constitution of India is directed against the order, dated 10-10-1990 passed by the lst Additional District Judge, Ghazipur, by which application No. 38-A moved by the plaintiff-appellants petitioners for amendment of the plaint in original suit No. 335 of 1979, was rejected. The said suit and the two other original suits Nos. 58 of 1981 and 226 of 1980 were consolidated and all the three suits were decided by a common judgment. The application seeking amendment in the plaint was moved before the appellate Court where the appeal was pending against the judgment rendered in the suit.

( 2 ) BEFORE adverting to the controversy in the writ petition it is necessary to set out few facts. The property in suit originally belonged to Baijnath Rai who died leaving behind certain heirs including a son Nagina Rai and his wife Smt. Rajneta who according to the petitioners were incapacitated and disabled to look after their affairs. The petitioners case is that Baijnath Rai left a will dated 7-9-1970 bequeathing his properties to the petitioners and requiring the petitioners to look after his wife and son. The name of the deceaseds son was