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K. MANMADHA RAO
Tatavarthi Sirisha – Appellant
Versus
Lakshmi Venkateswara Educational Society, Rep. , by its Correspondent Sri Ramasani Thippa Reddy – Respondent
| Table of Content |
|---|
| 1. details on the petition and parties (Para 1 , 2 , 3) |
| 2. arguments regarding amendment and limitation. (Para 4) |
| 3. arguments for and against amendment (Para 5 , 6) |
| 4. court's reasoning on amendment rules (Para 7 , 8 , 9 , 10 , 11) |
| 5. court's final order and directions (Para 12) |
ORDER :
(K. Manmadha Rao, J.)
This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dated 01.06.2016, in I.A.No.236 of 2015 in O.S.No.20 of 2009 on the file of the Court of the Senior Civil Judge, Kavali, SPSR Nellore District, (in short ‘the court below’), which was filed under order VI, rule 17 and 151 of CPC to permit the petitioners to amend the plaint as described in the petition.
2. The petitioners herein are the plaintiffs and respondents herein are the defendants before the court below.
3. The plaintiffs i.e petitioners herein have filed a suit for permanent injunction against the defendants in respect of the plaint schedule property. It is contended that while preparing the chief affidavit, it was found that the sale deed in question dated 05.02.1999 executed by 2nd respondent in favour of the 1st respondent as spurious, sham and nominal, bu
Amendments to a plaint are permissible before trial commences if they do not introduce a new cause of action that is time-barred, preserving the rights of the defendants.
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
Amendments to pleadings cannot introduce time-barred claims, as this undermines the accrued rights of other parties involved.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
(1) Amendment in plaint – Issue of limitation would not be a factor to be considered by Trial Court while adjudicating amendment application.(2) By way of clever drafting, plaintiff cannot allow to m....
The court clarified that knowledge of encroachment does not imply knowledge of a sale deed, impacting the limitation period for filing a suit.
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