The lower appellate court's order of remand was found to be justified and sustainable in law, and the proposed amendment was found to be well within the period of limitation and pecuniary jurisdiction of the trial court.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of Code of Civil Procedure, against the judgment and decree dated 08.12.2021 made in A.S.No.09/2020 on the file of learned Principal Subordinate Judge, Puducherry.)

1. The 2nd defendant is the appellant herein.

2. Brief facts leading to the filing of the above Civil Miscellaneous Appeal are as under:

(a). The 1st respondent herein/plaintiff filed OS.No.2279 of 2013 before the Principal District Munsif Court, Puducherry, seeking the relief of declaration of sale deeds Ex.A7 and Ex.A8 in favour of Defendants 1 and 2, respectively are null and void and for permanent injunction.

(b) The plaint in O.S.No.2279 of 2013 proceeds on the basis that the suit property belonging to the mother of the plaintiff namely Mrs.Jayamarie having purchased the same under the registered sale deeds dated 25.03.1981 (Cad No.260/2 4 ares and 38 Centiares), 25.03.1981 (Cad No.260/1 13 ares and 22 Centiares), 31.07.1981 (Cad No.260/3 13 ares and 86 Centiares) and 20.12.1982 (Cad No.260/2 and 260/3 24 ares and 60 Centiares). The mother of the plaintiff was in possession and enjoyment of the suit properties during her life time and executed a registered WILL dated 30.01.1989 bequeathing all her properties to the plaintiff. The plaintiff''s mother died on 26.06.1992 and the plaintiff inherited the suit properties and that he is in physical possession and enjoyment of the same till date. The suit property is vacant site and that possession follows title.

(c) After exchange of notice, suit was filed. Defendants 1 to 3 have filed written statement inter alia alleging that the WILL dated 30.01.1989 under which the plaintiff claims title was disputed and it was further alleged that the sale deed dated 20.12.1982 said to have been executed by Samikannu in favour of the mother of the plaintiff, is forged one and further, claimed that in view of the sale deeds in their favour, they are owners of the property and hence, prayed for dismissal of the suit.

(d) During the trial, plaintiff examined himself as PW1 and marked Ex.A1 to Ex.A13. On behalf of defendants, DW1 to DW3 were examined and Ex.B1 to B18 were marked. Further, copies of Station House- General Diary and Non-Cognizable offence report issued by Sub-Inspector of Police, Kalapet Police Station, Puducherry were marked as Ex.X1 and Ex.X2, respectively.

(e) By judgment dated 21.01.2020, the learned Principal District Munsif had come to the conclusion that Ex.A7 and Ex.A8, Sale Deeds dated 18.01.2001 and 26.07.2005, respectively alleged to be in favour of the 1st defendant and 2nd defendant, are forged, fraudulent and manufactured for the purpose of claiming title over the vacant land. However, has held that since the plaintiff had the knowledge, it is barred by limitation. Accordingly, chosen to dismiss the suit on the ground that since plaintiff''s title was disputed by the defendants by setting up a title on their own by virtue of Sale Deeds viz., Ex.A7 and Ex.A8 and for want of proper prayer, rejected the suit.

(f) Aggrieved against the said judgment and decree dated 21.01.2020 made in O.S.No.2279 of 2013, the unsuccessful plaintiff has preferred an appeal in A.S.No.9 of 2020 before the learned Principal Sub Judge, Pondicherry. Pending trial of Appeal Suit, he also filed I.A.No.284 of 2021 to amend the plaint under Order 6 Rule 17 r/w Section 106(2) and 151 of Code of Civil Procedure.

(g) Before the lower appellate Court, it is specifically contended by the defendant that the suit was not properly valued; the jurisdiction of the Munsif Court cannot be entertained and exceeds pecuniary jurisdiction of the Court; and amended relief is out of time and barred by limitation.

(h) Both Interlocutory Application and Appeal Suit were disposed of by a common order on 08.12.2021, holding that the trial Court has committed an error in the sen