Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - Schedule Article 58 ~Applicability of - To amended plaint - Original Suit for permanent injunction filed on 9.3.1990 Limitation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963 - Schedule Article 58 ~Applicabilityof - To amended plaint - Original Suit for permanentinjunction filed on 9.3.1990 - In original written statement(filed on 16. 5. 1990) plaintiff's title to property denied -Amendment of plaint allowed by order dated 28.3.2002 -Amendment of plaint for declaration of title to the suitschedule property-Plea in additional written statement thatthe plea of declaration of title was time-barred- Suit decreed,turning down the plea of limitation - High Court held that theamended plea was time-barred - On appeal, held: Right tosue for declaration of title first arose on 16. 5. 1990 (when thedefendant denied the title in his written statement) - Theamendment having been done after 3 years from 16.5.1990was time-barred u!s. 58 - Doctrine of relation back will alsonot apply to the present case, because the amendment wasallowed subject to the plea of limitation - Doctrine of RelationBack - Code of Civil Procedure, 1908 - Or. 6 r. 17. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2015 INSC 612 |
Petitioner | L.c. Hanumanthappa (since Dead) Represented By His Lrs. |
Respondent | H. B. Shivakumar |
SCR | [2015] 9 S.C.R. 651 |
Judgement Date | 2015-08-26 |
Case Number | 6595 |
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