JUDGMENT

S.B. Sinha, J. —

1.Leave granted.

2.Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit is the question involved herein.

3.The parties hereto are successors of one late Surender Singh and one late Harikishan Singh. They were brothers. First respondent is the widow of late Harikishan Singh and the second respondent is his son. The property which was the subject matter of the partition suit was a house premises bearing Municipal No.2-4-1099 situated at Nimbali Adds, Hyderabad admeasuring 671 sq. yards.

4.The suit was filed by late Harikhsian Singh against the first petitioner and his son Rajinder Singh. In the written statement, the said fact was admitted. The question which arose for consideration of the court, however, was as regards the share of the parties therein. Whereas according to the petitioner, the plaintiff had only 1/3rd share in the suit property, according to the plaintiff he had 1/2nd share therein.

5.In the written statement, it was, inter alia, contended :

“There has never been any such attempt by the plaintiff for partition of the property as alleged in the plaint. In fact, the plaintiff has failed to