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Sadik & Ors. vs. Ramzan & Ors.

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Code of Civil Procedure, 1908–Order 6, Rule 17–Muslim Law–Partition–Amendment in pleadings at the stage of final hearing of appeal–Permissibility–Even if muslim law permits partial partition and the respondent could have sought the complete partition but only at the stage of inception of the suit–Permission to change the relief clause at the instance of initial defendants in the appeal would be like to reversing the whole process of adjudication and also taking the clock to the initial stage of suit itself–Impugned order deserves to be quashed and set aside.