The main legal point established in the judgment is that an amendment may be necessary to incorporate subsequent developments in a case, and the relief sought may not be barred by limitation if it is related to the subsequent developments.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. C.O. No. 3718 of 2018 and C.O. No. 3731 of 2018 have been preferred respectively by the defendant nos. 1 and 2 and the defendant nos. 3 to 6 in a suit for partition, against an order allowing an amendment of the plaint.

2. Initially, the suit was amended once, and such amended plaint contained the following reliefs:

“(a) Decree of declaration to the effect that the Plaintiff was entitled to 50% undivided share and the Defendant Nos. 1 and 2 were jointly entitled to remaining 50% undivided share of the suit property described in the Schedule of the Plaint.

(b) for preliminary Decree declaring the share of the Plaintiff and the Defendant Nos. 1 and 2 in respect of the property described in the Schedule of the Plaint.

(c) for Decree of declaration to the effect that the Defendant Nos. 1 and 2 being undivided owners in respect of 50% share of the suit property fully occupied by the co-sharers, were not entitled to dispose of their said undivided share in respect of the suit premises to the outsiders and/or to the added Defendant Nos. 3 to 6.

(d) for decree of declaration to the effect that the DEED OF CONVEYNCE dated 11.07.2011 registered in Book No. 1, CD Volume No. 33, in Pages 2027 to 2050, being No. 08839 for the year 2011 by the Defendant Nos. 1 and 2 in favour of the added Defendant Nos. 3 to 6 is a nullity and void ab-initio and is liable to be cancelled and the Defendant Nos. 3 to 6 be directed to deliver up the said Deed before this Learned Court for recording cancellation of the same.

(e) for Decree of declaration to the effect that the added Defendant Nos. 3 to 6 do not have any manner of right to get Decree of partition in respect of the Suit Premises or exercise any manner of claim or right in respect of the suit premises.

(f) for Decree directing the added Defendant Nos. 3 and 6 to execute appropriate DEED OF APPROPRIATE RE-CONVEYANCE in respect of undivided 50% share of the suit premises unto and in favour of the Defendant Nos. 1 and 2 and/or in the alternative pass Decree directing the Defendant Nos. 1 and 2 to execute appropriate DEED OF CONVEYANCE in favour of the Plaintiff of this suit in respect of 50% undivided share of the suit property upon receipt of the amount of consideration of Rs. 8,00,000/- from the Plaintiff declaring the existing DEED OF CONVEYNCE dated 11.07.2011 to be a void instrument and no Title did pass under the said Instrument unto the added Defendant Nos. 3 to 6 and in default of the parties concerned so doing within a time to be fixed by this Learned Court, the Registrar of this Learned Court be directed to execute and register at the cost of the Plaintiff a proper Conveyance conveying 50% share of the suit premises upon the Plaintiff depositing Rs. 8,00,000/- in this Learned Court.

(g) Deed directing delivery of possession of the portion of the suit premises occupied by the added Defendant Nos. 3 to 6 to the Plaintiff as categorically mentioned in the DEED OF CONVEYANCE dated 11.07.2011 within a time to be fixed by this Learned Court failing which the Plaintiff do get a Decree for eviction of the Defendant Nos. 3 to 6 and their servants and agents for recovery of possession of the portion of the Premises No. 21/2, Bethune Row, Police Station Burtolla, Kolkata 700006 morefully described in the Schedule ‘B’ of the Plaint.

(h) for permanent injunction restraining the added Defendant Nos. 3 to 6 from claiming any right or parting with possession or from dealing with the undivided 50% share of the suit property possession whereof they allegedly obtained from the Defendant Nos. 1 and 2 upon execution of the purported DEED OF CONVEYANCE dated 11.07.2011.

(f) for appointment of Receiver/Commissioner.

(j) for leave under Order 2 Rule 2 of The Code of Civil Procedure.

(k) for cost of the suit and Advocate’s fees.

(l) for such other relief or reliefs to which the Plaintiff may be entitled at law and equity.”

3. Thereafter, on an application being filed alleging violation of