S SRIDEVI Vs. S VIJAY

JUDGEMENT

(1.) The short question which arises for consideration in this revision preferred by the 1st defendant against the order made on I.A.15 is, whether the additional written statement which she proposed to file should have been permitted by the Court.

(2.) The first defendant herself did not file a written statement in the original suit filed by the respondent, a suit for partition and separate possession of her 1/3rd share in the suit schedule property. Defendant-1 adopted the written statement filed by defendant No.3. Defendant No.3 had taken a stand that plaintiff had no right of any kind in the suit schedule property much less l/3rd share. If that is adopted by the 1st defendant now the prayer made in the additional written statement to the effect that in the event the suit is decreed, the 1st defendant should also be declared her share and put in separate possession of her share, is no more than an alternative plea which was always available to a co-sharer.

(3.) In a suit for partition when the suit is decreed all the sharers shall have their shares declared and separate possession given and they are bound to pay Court-fee if they want a share in the property, even without a specific plea in that behalf.