IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.811 of 2008 PRAMOD KUMAR Versus MOHAN KR.PD.@MOHAN KR.PD.& ORS ----------- 4. 17.11.2008 Heard counsel for the petitioner and the counsel for O.P.Nos. 1, 4 and 9. O.P.No.11 despite service of notice has not appeared. In the opinion of this Court there can be no two views that what was originally stated about the adoption in paragraphs 10 and 11 of the plaint is sought to be resiled/ totally changed by the plaintiff while seeking amendment in the plaint. None- the-less an inconsistent plea will not amount to an admission of a fact and therefore, even if the amendment is allowed the plaintiff-petitioner still would be under liability to prove his stand as with regard to the alleged adoption. Accordingly, the impugned order refusing the prayer in the amendment of plaint only on the account of change in the story of adoption on the ground of withdrawing an admission is patently incorrect. The suit being one partition will still remain a partition suit and the share 2 may only vary if the story of adoption as sought to be amended is accepted or rejected at the time of final disposal of the suit. Consequently the impugned order is set aside and this application is allowed with a direction to the court below to allow the amendment application dated 16.02.2008. (Mihir Kumar Jha,J.) Surendra/