the Full Bench on the point of law involved as to the right of the auction purchaser to file a separate suit for declaration of title and recovery of possession of the auctioned property based on the sale certificate after the period of limitation of one year from the date when the same became absolute as provided under Article 134 of the Limitation Act, 1963. This was noting the conflicting of the point of law involved based on the precedents of the Apex Court. The Division Bench answered the question holding that a suit for declaration of title and recovery of possession would lie even if the application could not be filed within a period of one year for delivery as mandatory under Order XXI Rule 95 of the Code of Civil Procedure. It is also opined that in a case, a fraction of undivided share is acquired, it is open for the auction purchaser to file a suit for partition. Today, after reference, this matter has been placed before this Court. 3. The learned counsel for the respondent submits that since he has filed only a suit for recovery of possession, the respondent may be permitted to amend the petition incorporating a relief of partition. It is
