IMPORTANT POINT
The power of amendment would also be dependent upon the principle that a court shall always be ready and willing to rectify the mistake it has committed.

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 render true and proper account of the business of M/s. Bombay Cycle Company though he was specifically called upon to do so by the defendant - 2, individually as well through his counsel. The plaintiff has also never co-operated in managing the matters immediately after the death of Late Sunder Singh, the father of the plaintiff and defendant - 1. Having knocked away some of the securities and other amounts which were in the hands of the plaintiff after death of late Sunder Singh singularly the plaintiff has chosen to file the present suit for partition claiming 50% share in the residential house, which is mentioned as suit schedule property.”

6.An application for amendment of the said written statement was filed, inter alia, stating :

“It is true that Sri Sunder Singh died on 26.4.1980 intestate leaving behind his widow, the plaintiff and the defendant - 1 herein. It is also true that widow of late Sri Sunder Singh, i.e., Smt. Karam Kaur also died on 14.9.1992. However, the allegation that she died intestate is incorrect and false. The plaintiff is very well aware that Smt. Karam Kaur executed a registered will on 1.9.1981 before the Sub-registrar, Chikkadpally bequeathing her 1/3rd share in the suit schedule property as well as her 50% rights as a partner in the business of M/s. Bombay Cycle Company to the defendant No.2, herein. In the circumstances the contrary allegations made in the plaint in this respect are denied as false and fabricated. It would, thus, be apparent that by any stretch of imagination the plaintiff cannot deny 50% rights in respect of the suit schedule property as after the death of Sunder Singh, widow of Sri Sunder Singh, Karam Kaur, plaintiff/and the defendant 1 herein had become entitled to 1/3rd share each. Smt. Karam Kaur having executed a registered will on 1.9.81, her 1/3rd share naturally goes to the defendant 2, herein. In the circumstances the plaintiff would not be entitled to anything more than 33.33% of the suit Schedule property if at all.”

It was furthermore alleged :

“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 render true and proper account of the business of M/s. Bombay Cycle Company though he was specifically called upon to do so by the defendant - 2, individually as well as through his counsel. The plaintiff has also never co-operated in managing the matters immediately after the death of Late Sunder Singh, the father of the plaintiff and defendant - 1. Having knocked away some of the securities and other amounts which were in the hands of the plaintiff after death of late Sunder Singh singularly the plaintiff has chosen to file the present suit for partition claiming 50% share in the residential house, whic