Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Mariyamma John, W/o. John – Appellant
Versus
Annamma George, W/o. Georgekutty – Respondent
| Table of Content |
|---|
| 1. dispute over the execution of sale deed and necessity for amendment to contest its validity. (Para 3 , 4 , 6) |
| 2. arguments presented regarding delay and limitation concerning the amendment application. (Para 9 , 10 , 11 , 12) |
| 3. court's findings on the permissibility of amendments concerning existing controversies and relation back. (Para 15 , 16 , 17) |
JUDGMENT :
This original petition is filed against Ext. P7 order dated 03.11.2020 in I.A. No.2 of 2020 in O.S. No.926 of 2008 on the files of the Principal Munsiff Court, Neyyattinkara.
3. The respondent sold 6.14 Ares of property along with building thereon to the petitioner as per sale deed No.850 of 2008 of SRO, Vellarada. Thereafter, the respondent filed the aforesaid suit against the petitioner to declare the said sale deed as void, for the reason that the same is tainted and vitiated by coercion and duress. According to the respondent, the petitioner and her relatives had coerced her to execute the aforesaid deed and she did not receive any consideration for the same. Ext. P1 is the copy of the plaint.
5. On 02.07.2009, the respondent filed Ext. P3 amendment application to delete the prayer for declaring the sale d
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
The court reinforced that amendments post-trial initiation are disallowed if barred by limitation, emphasizing the necessity for due diligence in raising claims at the appropriate stage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
