WPMS No. 855 of 2004 Hon’ble Tarun Agarwala, J. Mr. Ramji Srivastava, Advocate for the petitioner. Mr. Sudhir Kumar, Brief Holder for the State. Mr. Sharad Sharma, Senior Advocate for respondent No.2. Heard learned counsel for the parties. A suit for injunction was filed against the defendant claiming right of passage on the basis of a will executed by Smt. Indrani in favour of the plaintiff. The defendant resisted the suit and filed his written admitting the factum of execution of the will by Smt. Indrani. Subsequently, after three years of the filing of the written statement, an amendment application was moved by the defendant to amend the written statement. In this written statement, the defendant pleaded to add the fact that the testator, namely, Smt. Indrani had no right to execute the will in favour of the plaintiff, inasmuch as, the property in question was owned by her husband and, consequently, she had no right to execute the will. This application was rejected by the trial court against which the present writ petition has been filed. Having heard the learned counsel for the parties at some length, the Court finds that such amendment would virtually withdraw the admission of the defendant. Such amendment cannot be permitted since the admission of the defendant with regard to the factum of the execution of the will by the testator cannot now be resiled by him. In the light of the aforesaid, the Court does not find any error in the impugned order. The writ petition fails and is dismissed. Certified copy of the order shall be sent by the Registry to the court below within ten days from today for necessary information and action. (Tarun Agarwala, J.) Dated 23.12.2011 Shiv