1981 INSC 0179
                                           Tharayil Sarada and Another

                                                           Vs

                                               Govindan and Another

                                          Civil Appeal No. 987 of 1981

                                      (A.C. Gupta, O. Chinnappa Reddy JJ)

                                                      16.03.1981

                                                     JUDGMENT

In this case, the High Court in second appeal allowed the plaintiff to amend the plain to include a
prayer for partition of the disputed property and straightway passed a preliminary decree declaring
plaintiff's 1/4th before us, it is contended, and in our opinion rightly, that the High Court before
making the decree should have given an opportunity to the defendant to file an additional written
statement. Accordingly, we set aside the impugned judgment and the decree and send the case back
to the High Court to dispose of the appeal in accordance with law, after giving the defendant an
opportunity to file an additional written statement. We express no opinion on the correctness or
otherwise of the findings recorded by the High Court on other points. There will be no order as to
costs.

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