JUDGMENT

The appeal is filed by third parties who were not arrayed as defendants in the proceedings. The appellants claim title under the first defendant in a suit for fixation of boundary and declaration of title. O.S.No.35 of 1985 was instituted on the files of the Munsiff Court, Kayamkulam which resulted in a dismissal of the suit on a categorical admission by the plaintiffs that they do not want any recovery of the property from the first defendant. Accordingly, the suit was dismissed. Aggrieved, they preferred an appeal before the Additional District Court-I, Mavelikara, wherein, an application seeking amendment of the plaint was filed which stood allowed. Though the first defendant raised a contention that the statement made by the plaintiff in the application for amendment is incorrect, it appears that the District Court has proceeded to allow the amendment and proceeded with the matter on merits. Despite the categorical admission made by the plaintiffs while being cross examined, the first appellate court ignored the said admission and granted a decree in favour of the plaintiffs based on the amendment made before the first appellate court. The first defendant in the suit ch