Take out application for amendment of plaint 

2) mention details of property which had been left out by mistake 

3) seek orders restraining sale of said property 

You can very much add the property which  is left out of the suit claim. Ask your Advocate  to file an application to amend the plaint under Order VI Rule 17 of Civil Procedure Code, 1908 adding the left out property. Court will permit you to add the property by  amending  the plaint. This things happen in Court proceeding. You Advocate  will guide you.  

Dear sir,

yes, you can make amendments to the plaint under Order 6 Rule 17 of CPC provided such amendment is necessary to determine the controversy between the parties. In your case, since this is a significant development to the case.

Thank you

Yes the newly discovered property also can be added to the current suit which is pending with the same cause of action.

She may have to file a petition seeking an amendment tot eh petition to include the newly discovered proeprty along with the other properties already mentioned in the plaint seeking similar relief of partition.

Hey,

You can amend the plaint by filing a petition under Order VI Rule 17 of CPC and add the left over property and once the court allows the petition seek restraint of sale of that property as well. 

Hi, you can add the property by amending the Plaint. It is better you can contact the advocate on record and he will help you in the above matter.

Yes this suit property can be added to the original suit filed by your mother. An amendment application has to be moved.

From examining all the facts of your query I want to say that-

These cases are very common in various Courts of India and Supreme Court of India. As you might know that according to Order VI of Rule 17 of Code of Civil Procedure the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

In case of Jai Jai Ram Manohar Lal v. National Building Material Supply, Supreme Court held that the power to grant amendment to pleadings is intended to serve the needs of justice and is not governed by any such narrow or technical limitations. In case of Tilak Raj vs Baikunthi Devi (D) By Lrs, Supreme Court stated that since the court exists to dispense justice, any mistake which is found to be clerical in nature should be allowed to be rectified by exercising inherent power vested in the court for sub-serving the cause of justice. The principle behind the provision is that no party should suffer due to bona fide mistake. Whatever is intended by the court while passing the order or decree must be properly reflected therein otherwise it would only be destructive of the principle of advancing the cause of justice. In such matters, the courts should not bind itself by the shackles of technicalities.

Please understand that the purpose of this provision is to promote ends of justice and not to defeat the law. This proviso gives discretionary power to the court to decide on the application of pleadings after the commencement of the Trial. Addition of property can be done but with the permission of the Court. An institution of the suit is necessary for applying for amendment of pleadings. My team has dealt with various such cases and may help if complete documents are provided.

You may contact my secretary to connect with me for clarification.

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India

Yes you can add the same if the suit is ongoing. You need to do the amendment. 

- Since your mother has filed the suit for claiming her share in the property 

- If one property has left out ,then you can move an application before the court for amending the suit filed by her

- Further, also file an application for interim stay before the same court in the said suit , so that other party cannot sell or transfer any portion of the property.