( 1 ) THE question involved in the civil revision petition is whether a Court has jurisdiction to allow an amendment of the plaint schedule on the ground of mistake after preliminary decree is passed in a partition suit.

( 2 ) IT was directed to be posted before a Bench, as it was thought that the question was of sufficient importance involving one of procedure.

( 3 ) THE facts material for the appreciation of the contentions arising in this petition may be briefly stated. The respondent filed a suit for partition and separate possession of a one-third snare in the plaint schedule properties. A preliminary decree was passed on 27-10-1952, and a Commissioner was appointed to partition the properties and the Commissioner went to the spot for partitioning the properties. Obstruction was offered so far as one item of the property covered by S. No. 171 was concerned. The plaintiff thereafter filed a petition for substituting another item of property included in the S. Nos. 51/1, 52/2, 52/3 and 83 for S. No. 171, alleging that she had mentioned by mistake S. No. 171 as part of the joint family properties. This was opposed on the ground that the property sought to be substituted was not j

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