IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.5970 of 2006 Between: Atiya Sultana and another ..... PETITIONER(S) AND Md. Haneef and others .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.5970 of 2006 ORDER: Petitioners, who are the defendant Nos.4 and 5, filed this revision under Article 227 of the Constitution of India inter alia seeking to assail the correctness of the order rejecting the application purported to have been filed by them under Rule 17 of Order VI C.P.C. with a prayer to permit them to amend the written statement by adding one item of the property which has been left out in the plaint schedule. The Court below dismissed the said application on the ground that by such addition it would complicate the matter. Heard Sri R.Chandrasekhar Reddy, learned counsel for the petitioners, and Sri T.Santosh Kumar, learned counsel who took notice on behalf of the respondents. Perused the material available on record. It is to be noted that in a suit for partition, all the plaintiffs and defendants are necessary and proper parties and there is no distinction as between the plaintiffs and defendants to seek a right. Every party is entitled to raise all such questions in respect of the properties which are liable for partition or not liable for partition and an inquiry can go into all such questions. Further, the amendment as sought is only a formal one to include one of the items of properties which has been left out in the plaint schedule. Hence, the Civil Revision Petition is allowed setting aside the order dated 09.10.2006 passed in I.A.No.572 of 2006 in O.S.No.232 of 2000 by the XII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Secunderabad, and, consequently, the same stands allowed. There shall be no order as to costs. _____________________ B.PRAKASH RAO, J 29th July, 2010 CVRK