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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
B. Pandiselvi – Appellant
Versus
Seelakariamman @ Ayyathal Temple – Respondent
ORDER :
G.R. SWAMINATHAN, J.
1. Heard both sides.
2. The plaintiff in O.S.No.115 of 2012 on the file of the District Munsif (FAC), Madurai Taluk is the revision petitioner herein.
3. The petitioner had originally filed the suit for permanent injunction. She then filed I.A.No.5 of 2023 for amending the plaint to include the relief of declaration. Vide order dated 03.09.2024, the Court below dismissed the petition for amendment. Questioning the same, this civil revision petition has been filed.
4. The learned counsel appearing for the revision petitioner reiterated all the contentions set out in the memorandum of grounds of the civil revision petition and called upon this Court to set aside the impugned order and grant relief as prayed for.
5. I am not swayed by the said submissions.
6. As rightly pointed out by the learned counsel appearing for the respondents, the suit was instituted way back in the year 2012. The written statement was filed on 12.12.2012 questioning the plaintiff's title over the suit property. The Court below had rightly observed that the plaintiff should have sought the relief of declaration within three years therefrom. The amendment petition was filed with the delay
The court upheld that an amendment to include a declaration of title in a suit is barred by the limitation period defined in Article 58 of the Limitation Act if filed significantly after the right to....
The court established that the limitation for suits claiming declaration and possession of immovable property is 12 years under Article 65 of the Limitation Act, countering the trial court's applicat....
An amendment sought for a declaration in a possession suit does not change its character; limitation for possession applies over declaration, allowing amendments at the appellate stage serves justice....
A suit can be rejected if it is barred by limitation, and the limitation period begins when the right to sue first accrues, emphasizing the need for timely legal action.
The suit for possession based on title is governed by Article 65 of the Limitation Act, allowing 12 years from the date of adverse possession, not Article 58.
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