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As per case facts, petitioners-plaintiffs filed a suit for partition and separate possession. An injunction application was also filed. Respondents-defendants then sought to amend their counter to withdraw admissions and
...to introduce a Will, which was mentioned in their written statement but not filed with it. The trial court allowed both applications. Petitioners appealed these orders to the High Court. The question arose whether withdrawing clear admissions through an amendment and receiving a previously unfiled Will, even if mentioned, was permissible. Finally, the High Court allowed the revision petitions, setting aside the trial court's orders. It ruled that withdrawing clear admissions affecting property rights was impermissible. While the Will's reception in the current context was denied, respondents were given liberty to file a fresh application for its admission, subject to the trial court's discretion.
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