Question in brief is: Can we amend the plaint after the preliminary decree is granted in a partition suit?
Details:
In a partition suit, the Court granted a preliminary decree to partition the property.
After the preliminary decree was granted, one of the parties sold the entire area in one of the items of property.
We want the plaintiff to amend the plaint and implead the buyer and request the Court to pass a fresh preliminary decree. Is this allowed?
If the party sold only his own undivided share, there may not be a need to amend the plaint and get a fresh preliminary decree. But since the party sold the entire area in one of the items of property, we want the plaintiff to amend the plaint and implead the buyer, to avoid multiple proceedings in the future.
So, the question is, can the plaint be amended after the preliminary decree is granted in a partition suit, and can we request the Court to pass a fresh preliminary decree?
Since this scenario is slightly unusual, I request you to advise. Thank you.
Kakoli B.
