K. Harilal, J.

1. The scope and extent of power conferred upon the court to grant relief which is neither pleaded nor prayed for, in a suit, when the defendant admits the claim, is the issue which has cropped up for our consideration in this appeal.

2. This appeal is directed against the judgment and decree passed in O.S.No.615/2009 of the Sub Court, Kozhikode. The suit is one for partition and the appellant is the plaintiff in the above suit. (Parties are referred to as in the original suit). The averments in the plaint in brief are as follows:-

The plaintiff is the son of the late Bhaskaran, 5th defendant is his mother and defendants 1 to 4 are his sisters. The sid Bhaskaran died on 07.03.2009. Plaint A schedule is the immovable property and B schedule is the amount deposited (Rs.9 lakhs) in the Bank by the said Bhaskaran. Plaintiff and defendants are governed by the Hindu Succession Act. According to the plaintiff he is entitled to get 1/6th share over the plaint A and B schedule properties. The plaintiff and defendants are in joint possession of the immovable property. He demanded partition, but the defendants were not agreeable to effect partition according to the law