Order Heard counsel for the plaintiffs-petitioners and counsel representing some of the opposite party who have entered appearance pursuant to the notice issued by this Court. This revision application is directed against an order by which the plaintiffs' prayer for amendment of the plaint has been rejected. The suit in question has been filed by the plaintiffs for declaration of their title and confirmation of possession and for further declaration that the decree passed in Title Suit No. 105 of 1964 with respect to the suit land is not binding upon them. The plaintiffs chimed the property on the basis of inheritance from Gaya Prasad, father of plaintiffs 1 to 4. It is stated that the property was purchased by Gaya Prasad in auction sale. In the written statement, a plea Was taken that the auction purchaser, in fact, was Singheshwar Prasad and Gaya Prasad was only a benamidar who executed a deed of Bazidawa in favour of Singheshwar Prasad on 8. 9. 60. Counsel for the opposite party opposing prayer for amendment submitted that in a previous suit defendants' case has been accepted upto stage of the High Court and, therefore, plaintiffs' claim is not unacceptable. In my opinion, whatever be the merits of the case of the plaintiff or the defendants as set up in the plaint or the written statement respectively, the same has to be proved by them by adducing cogent evidence in that regard. Merely because amendment is allowed at a later stage does not amount to acceptance of the case of the parties by the court below. It only means that the case as amended has to be proved by them. The test in such case is whether the proposed amendment changes nature of the suit or not. I am satisfied, having regard to the nature of the amendment, that it does not change the nature of the suit at all. The impugned order dated 7. 7. 92 is, accordingly, set aside and this revision application is allowed. The court below is directed to pass consequential order allowing amendment and to give opportunity to the defendants to file additional written statement to that extent and to adduce evidence. Application allowed.