Partition suit remanded for fresh trial on business share

The appeal arose from a family partition suit concerning Schedule ‘A’ property and the business interests connected with the family concern. The trial court had decreed the suit in part, holding that the plaintiff, his mother and two sisters were entitled to a 1/3rd share in Schedule ‘A’ property and half share in the business establishment run as M/s Prashant Metals. It rejected the claim for a share in M/s T.B. Lengade and mesne profits.

Before the High Court, Defendant No. 2 challenged the finding relating to M/s Prashant Metals. The core grievance was that the trial court treated that business as joint family property even though, according to him, there was no pleading to that effect and the business belonged exclusively to him. He also argued that the suit suffered from non-joinder because the plaintiff had not impleaded his mother and two sisters.

The Division Bench of H.P. Sandesh and B. Muralidhara Pai, sitting at the Dharwad Bench, had earlier considered Defendant No. 2’s request to lead further evidence. The Court noted that the plaintiff had not made any specific claim regarding M/s Prashant Metals, but still found it necessary to give Defendant No. 2 an opportunity to support his stand. The judgment records that the Court permitted additional evidence and also allowed the plaintiff to seek amendment of the plaint so as to include a claim for share in M/s Prashant Metals.

The final directions reflect that approach. The Court permitted the plaintiff to file a proper application to implead his mother and sisters, and to amend the plaint to incorporate the necessary pleading and prayer regarding M/s Prashant Metals, on or before 10.06.2026. The defendants were given liberty to file written statement or additional written statement to the amended plaint within 15 days of service. The trial court was directed to recast the issues under Order XIV of the Code of Civil Procedure and dispose of the suit expeditiously, within an outer limit of nine months from 10.06.2026.

The registry was also directed to transmit the entire record, including the additional evidence already adduced, to the trial court. The High Court kept all contentions open for fresh adjudication after reasonable opportunity to both sides.

Practical takeaway: In partition litigation, the High Court may permit additional evidence and amendment of pleadings where the dispute over family business ownership needs a full factual trial.