Pleadings
No evidence could be led beyond pleadings—Suit was filed for partition and mesne profits—It is not a case in which there was any error in the pleadings and parties knowing their case fully well had led evidence to enable the court to deal with that evidence—Specific amendment in pleadings was sought by plaintiffs with reference to 1965 partition but the same was rejected—Evidence with reference to 1965 partition cannot be considered—High Court committed a grave error in placing reliance upon the partition allegedly effected in the year 1965, in terms of which Schedule ‘A’ properties were allotted exclusively to the share of first defendant—Finding recorded by the High Court that all Scheduled ‘A’ properties were allotted to first defendant is liable to be set aside—Appeals allowed.
[Paras 14 to 18]