JUDGMENT

 This appeal by special leave is against the judgment and order of the High Court of Madhya Pradesh at Jabalpur in S.A. No. 642 of 1973.

2. The plaintiff-appellant is named Sethani. She is pitted against her paternal uncle Bhana. The bone of contention is a piece of agricultural land measuring little over 23 acres in village Cival, Tehsil and, District Burhanpur in the State of Madhya Pradesh.

3. She filed a suit for partition in the Court of Civil Judge, Class I, Burhanpur claiming half share in the aforesaid land representing her father Dalpats share. The plea of the defendant-respondent was that she had nothing to do with the lands which had been settled on him by a family arrangement. The trial Court dismissed the suit but the lower Appellate Court passed a preliminary decree for partition. The defendant respondent filed a Second Appeal before the High Court where an application for amendment of the written statement was made to assert the plea that though at one time the plaintiff had a right in the land in dispute, she had lost it because her mother Putlibai had transferred the same to him for a sum of Rs. 1,000/- by a Registered Sale Deed dated 1-4-1963. On this premi