Partition suit. New property cannot be added at preliminary decree stage. However, if sufficient cause is shown, a second suit for partition is maintainable regarding that property. Karnataka High Court.

Channaveerappa Gowda vs Renukappa Gowda and others. Writ Petition 34142/2012 decided on 1 April 2014.

Judgment Link: http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/942536/1/WP34142-12-01-04-2014.pdf

Relevant paragraphs: 7. In a partition suit, first a preliminary decree is passed declaring the rights of the parties in the schedule property. During the course of final decree proceedings, the court has jurisdiction to alter shares if it is occasioned by the death of one of the sharers. Notwithstanding the declaration of rights in the preliminary decree, there may be more than one preliminary decree. If there is no dispute regarding some of the joint family properties, or the claim for partition is admitted by the defendants in respect of some of the suit schedule properties, then the Court can proceed under Order XII Rule 6 of CPC and pass preliminary decree in respect of such items at once. Thereafter, after contest yet another preliminary decree in respect of the other items of property. Similarly, there can be more than one Final Decree also.

13. However, this principle cannot be extended to include a property which was not the subject matter of the suit, at the time of passing of the preliminary decree. Variation of shares already declared in the property which is the subject matter of the suit is totally different from varying the subject matter of the suit. The reason being that what is the share to which a party to a suit is entitled to in law is purely a question of law, whereas a share in a property is dependent on the nature of the property which is purely a question of fact, which is to be decided on the facts and circumstances of the case based on the evidence adduced. Therefore, once a preliminary decree is passed in respect of the subject matter of the suit, question of including or adding a property to the subject matter of the suit subsequently and claiming a share in respect of the property so included or added is not permissible in law. In respect of the said property a separate suit is maintainable, if sufficient cause is shown for its exclusion in the earlier suit for partition.

Compiled by S. Basavaraj, Advocate, Daksha Legal.