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C. JAYACHANDRAN
Rajasekharan Nair – Appellant
Versus
Rajalekshmi – Respondent
JUDGMENT :
C.Jayachandran, J.
The petitioner herein is the defendant in Ext.P4 suit, O.S. No.622/2011, pending before the Sub Court, Thiruvananthapuram. He is aggrieved by Ext.P9 order, which allowed an amendment to incorporate a relief for re-conveyance of the schedule property by specific performance of an agreement, on the ground that the relief stood barred by the law of limitation as on the date on which the amendment was sought for by Ext.P6 application. According to the petitioner/defendant, Ext.P9 is a cryptic order, with illogical reasoning and contrary to the law laid down by the Hon'ble Supreme Court, as regards permissibility of an amendment to incorporate a time barred relief.
2. Heard Sri.Ayyappan Sankar, learned counsel for the petitioner/defendant and Sri.G.S.Reghunath, learned counsel for the respondent/plaintiff.
3. The nature and character of Ext.P1 sale deed executed by the plaintiff in favour of the defendant is the issue involved in the suit. The subject suit was filed for a declaration that Ext.P1 sale deed dated 22.04.2009 is, in effect, a mortgage deed only. The plaintiff also sought for a prayer allowing her to pay off the mortgage amount of Rs.13,00,000/- and
Amendments to pleadings introducing time-barred claims are impermissible, especially when sought after significant delay without sufficient explanation.
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
The court affirmed that amendments to pleadings should be liberally granted to serve justice, particularly when the cause of action arises from recent developments, like the dismissal of a related ci....
(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 ruled that both declaration of termination and specific performance can be sought together. The suit was within the limitation period as the cause of action arose from the cancellation noti....
Suit for declaration and recovery of possession - Decreed - Suit for declaration and recovery of possession on strength of title is maintainable, still it is duty of court to peruse evidence regardin....
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