Amend plaint after preliminary decree

Yes, a plaint in a partition suit can be amended after a preliminary decree is passed in certain circumstances: 

Family member dies

If a family member who was allotted property in the preliminary decree dies, the court can amend the shares. 

Circumstances change

If new events occur after the preliminary decree is passed but before the final decree, the court can amend the preliminary decree or pass a new one. 

Amendments that don't affect other parties

Amendments that are made for a valid reason and don't affect other parties can be allowed. 

Law governing the parties is amended

If the law governing the parties is amended, the preliminary decree can be varied in the final decree proceedings

You can implead the buyer in preliminary decree and allot the item sold to him as it as plaintiffs  share, no share in other items to plaintiff and to draw FDP.

Very useful answers from both the experts. Very grateful to both of you. 

Kakoli B.

positive , he is necessary party to the lis

Very gratesful to your response confirming that the plaint can be amended after preliminary decree. 

Kakoli B. 

"But since the party sold the entire area in one of the items of property, ..........." How?

Admittedly, the property is under joint-occupancy. If so, how one among the occupants can sell the entire property?

Sir, the items of property are joint property. 

But, some parties have occupied some of the items of properties. I guess this is allowed, because possession by one co-owner is deemed to be possession by all co-owners in a joint property. 

If one property is in physical possession of one joint owner, it is considered to be in possession of all joint owners. The joint owner in possession is considered to be in possession on behalf of all joint owners. Please correct if I am wrong. 

This particular item of property, which was sold, was under the occupation of one of the parties. The Court granted preliminary decree and said that all parties are entitled to an equal share in the items of properties, including this item of property. 

The item of property was sold secretly, and in the sale deed, the seller did not reveal that a partition suit is pending, and he sold the property as though he is the exclusive owner of the item of property. 

The other parties came to know about the sale much later. Much time was wasted in discussions. Now, legal steps have become necessary. 

Kakoli B.