Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CODE OF CIVIL PROCEDURE, 1908: Or. 6, r. 17 rlw Or. 1, r. 10 - Amendment of plaint - Period of limitation - Suit filed in 1985 by an allottee against Cooperative Housing Society for injunction in respect of a plot - Application for temporary injunction rejected - Legal representatives of plaintiff(respondents) filing an application for amendment of plaint seeking impleadment of Municipal Corporation as also possession of the plot or allotment of an alternative plot- Amendment declined by trial court, inter alia, as barred by limitation, but allowed by High Court - HELD: When, by reason of an amendment, a third party is sought to be impleaded, not only the provisions of Or. 6, r. 17 but also the question of invoking the period of limitation as envisaged by the provisions of Or. 1 r. 10 would come into play- The High Court, in a case of this nature, should not have interfered with the discretionary jurisdiction exercised by trial Court - Respondents in their application for amendment of plaint themselves accepted the fact that appellant not only had filed a suit prior in point of time to the suit filed by deceased respondent but had also obtained an injunction as a result whereof they did not obtain effective 'possession of the suit land - Thus, respondents in effect and substance are seeking to alter the basic structure of the suit which is impermissible - High Court committed a jurisdictional error in interfering with the well considered judgment and order of the trial court rejecting the application filed by respondents for amendment of plaint |
Judge | N/A |
Neutral Citation | 2009 INSC 13 |
Petitioner | Alkapuri Co-operative Housing Society Ltd. |
Respondent | Jayantibhai Naginbhai (deceased) Thr.lrs. |
SCR | [2009] 1 S.C.R. 157 |
Judgement Date | 2009-01-09 |
Case Number | 154 |
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