( 1 ) LEAVE granted.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE present appeal is directed against the order rejecting the proposed amendment of the written statement, both by the trial court and the High court. The proposed amendment is to the following effect:"14. (a) That the plaintiff has relinquished the entire claim over the guwahati property in favour of the defendant in lieu of movable properties including ornaments, cash in hand and half-share of Shillong property and Sibsagar property left by their parents and as such also she cannot claim partition over Guwahati property and the suit is liable to be dismissed. 14. (b) That it is submitted that in a partition suit all the properties inherited from the ancestors are to be included in one suit. In the instant suit all the properties left by the ancestors of the parties not having been included the suit is liable to be dismissed. "

( 4 ) THE submission on behalf of the appellant is that there is nothing in the said amendment which prejudices the respondent, hence, the courts below wrongly deprived the appellant from contesting the matter on this ground. On the other hand, learned counsel for the respondent submits