In a partition suit, the relief for rendition of accounts and claim for rents, income and profits is implicit, even if not explicitly pleaded in the plaint.

K. P. MOHAPATRA, J.

( 1 ) IN this revision the impugned order passed by the learned Additional Subordinate Judge, Cuttack allowing amendment of the plaint has been challenged.

( 2 ) THE plaintiff (opposite party 1) instituted Title Suit No. 348 of 1980 for partition of the suit property claiming one-third share therein. During trial of the suit her evidence and the evidence of defendant 2 (opposite party 2) had been closed and defendant 1 (petitioner) had already examined seven witnesses. At that point of time the plaintiff filed a petition under O. 6, R. 17 of the Civil P. C. (Code for short) for amendment of the plaint for inclusion of two more reliefs (i) claiming rendition of accounts and (ii) recovery of mesne profits in addition to the original prayer for partition. The petitioner opposed the amendment on the ground that the proposed reliefs claiming rendition of accounts and recovery of mesne profits were barred by limitation. After hearing both parties, however, the learned Court below allowed the amendments limiting the claim for mesne profits for a period of three years prior to the institution of the suit.

( 3 ) THE only point that falls for consideration is whether the reliefs claiming rendition of accounts and mesne profits should not have been allowed to be introduced by way of amendment of the plaint.

( 4 ) IN order to decide the point, it is necessary to make reference to a few decisions. The Full Bench of the Madras High Court in a case reported in AIR 1951 Mad 938, Basavayya v. Guravayya, held as follows :-". . . . . . . . . . A suit for partition by a member of a joint Hindu family is substantially a suit for an account of the joint family properties on the date of the suit as well as all the profits received by the manager since that date, so that the profits should also be divided and his proper share given to him. xx xx xx the cases cited above were all reviewed by Somayya, J. in Raghava Mannadiar v. Theyunni Mannadiar, (1946) 2 Mad LJ 117 and the learned Judge held that the mere fact that the preliminary decree for partition did not direct an enquiry into profits subsequent to the date of the suit did not preclude the parties from applying for or the Court from awarding such profits by its final decree. The learned Judge was of the opinion that in a partition suit where a plaintiff asked for his share in common lands, a right to an account of the profits, accruing from such lands during the pendency of the suit is appurtenant to the plaintiff's share and need not be separately asked for. The absence of a specific prayer in the plaint was held to be no bar to the award of such profits in the final ddecree. "having examined the scope of the preliminary and the final decree, the following conclusion was derived :-"we may now summarise our conclusions. A partition suit in which a preliminary decree has been passed is still a pending suit and the rights of the parties have to be adjusted as on the date of the final decree, Jadunath v. Parameswar, ILR (1940) 1 Cal 255. In such a suit the Court has not only to divide the common properties but has also to adjust the equities arising between the parties out of their relation to the common property the property to be divided. The preliminary decree determines the moieties of the respective parties and thereby furnishes the basis upon which the division of the property has to be made. There are other matters in addition to the moieties of the parties that have to be considered and decided before an equitable final partition can be effected. Among them are the realisation of common outstandings, the discharge of common liabilities, the distribution of the profits of the properties realised pending the suit, either in cash or by allotment of property of the requisite value, the grant of owelty, the provision of maintenance to parties untitled thereto, the allotment of lands on which improvements have been effected to the sharer who has improved them, the allotment