1. ' This is an application for amendment of the written statement filed on behalf of the defendants Nos.2, 3, 4 and 5. The first amendment relates to para.1 of the written statement in which the defendants wish to add the following:-- ' Except that defendant No,5 is not a partner of defendant No,2."
2. ' In para. 1 of the plaint the description of the defendants was mentioned and it was alleged, that defendant No,5 is the partner of defendant No,2. This was not denied by the defendants. Therefore, by this amendment the defendants wish to add that the defendant No,5 is not the partner of the defendant No,2. Mr. Jamil, the learned counsel for the plaintiff, contends, that this would amount to resiling from the admission made by the defendants and such amendment is not permissible in law. In this regard the learned counsel has referred to AIR 1953 Mad. 959, in which amendment sought was in direct conflict with the admission made by the defendants, and therefore, the amendment was rejected. If the defendant has made admission to merits of the case then a very strong and bona fide case for amending it should be made out. In the present case the admission is only general in nature and relates to the description of defendant No,5 as a partner of defendant No,2. It hardly relates to the merits of the case. The learned counsel for the defendants has referred to PLD 1960 Kar. 885, where it was held, that admission is not conclusive proof of the fact and any party is entitled to show that it was made by mistake. This is what the defendants are trying to show that due to typographical error the amendment sought to be made in paragraph 1 of the written statement could not be typed. In my view the amendment is formal in nature. It does not change the nature of the suit or even prejudice the plaintiff in any manner. ' ' This amendment is allowed.
3. ' The other amendments relate to paragraphs 16, 17 and 18, which have not been typed. These are formal in nature. They do not in any manner change the nature of defence. In fact the defendants have filed a counter-claim and in this way they are denying the relics, which arc sought by the plaintiff and also admitting the jurisdiction of the Court. In these circumstances the application is granted on payment of costs of Rs,200. Amended written statement to be filed within three weeks.
4. Amendments allowed.