Patition Suit

Suresh G . (Querist) 21 October 2009 This query is : Resolved
a property("x") which is not included in the plaint schedule. but pointed out to be a joint family property in Written Statement. court feels that property ("x") is also a subject matter of the suit. Can the property be considered by the court suo motto for partition, without amending the plaint.

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adv. rajeev ( rajoo ) (Expert) 21 October 2009
court cannot suo moto consider the contention taken in the WS if there was a counter claim then it can consider. Without amending the plaint it cannot be considered.

joyce (Expert) 21 October 2009
Amendment of plaint is deadly necessary, this is partition suit. if any tiny mistakes or overridings will make the petition dismiss. Court cannot so motto consider it unless n untill u plead in ur pleadings.

Adv Archana Deshmukh (Expert) 21 October 2009
I agree with joyce and rajeev vadrali. Without amending the plaint the court cannot suo moto consider it for partition.