THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.2233 of 2010 ORDER: The petitioner filed O.S.No.228 of 2004 in the Court of XII Additional Senior Civil Judge, (Fast Track Court), City Civil Court, Secunderabad against the respondents for the relief of partition of the suit schedule properties. Almost at the final stage of the suit, the respondents filed a counter claim pleading that another item of property is liable to be partitioned. The petitioner filed I.A.No.41 of 2001 under Order 7 Rule 11 C.P.C. with a prayer to reject the counter claim, on the ground that proper court fee is not paid and there does not exist any cause of action in the counter claim. The trial Court rejected the I.A., through order, dated 10.03.2010. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. In a suit for partition, the list of properties, whose partition is sought, is not at all exhaustive. New items can be added and existing ones can be deleted either at the instance of the plaintiff or the defendant, as and how the suit progresses, depending upon the material that is placed before the Court. For inclusion of an item of property in such a suit, it is not all necessary to file an application much less counter claim. Added to that, the petitioner has filed an application under Order 7 Rule 11 to reject the counter claim. An item of property can be included not only during the pendency of the suit but also even at the stage of final decree proceedings. None of the grounds pleaded by the petitioner fit into Rule 11 of Order 7 C.P.C. The trial Court has taken correct view of the matter. At the same time, if the parties intend to adduce evidence on the question whether the item of property so included is liable to be partitioned or not, the Court cannot ignore the same. Therefore, the civil revision petition is dismissed. The trial Court shall consider the request of the parties to adduce evidence in relation to the item that is added through counter claim, if they file an application in this regard. There shall be no order as to costs. __________ 06.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.2233 of 2010 Date: 06.08.2010 JSU