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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SENTHILKUMAR
Sankarlal – Appellant
Versus
Selvaraj – Respondent
| Table of Content |
|---|
| 1. challenge to amendment application. (Para 1 , 2) |
| 2. arguments regarding limitation and amendment. (Para 3 , 5 , 7 , 8) |
| 3. ratio on amendment and limitation application. (Para 4 , 6 , 9) |
| 4. court's observation on rights and grounds. (Para 10 , 11 , 12) |
| 5. final ruling with cost and compliance date. (Para 13 , 14) |
ORDER :
1. The present Civil Revision Petition has been filed challenging the order, dated 14.10.2022 passed in I.A.No.8 of 2022 in O.S.No.21 of 2015 on the file of the learned Principal District Munsif Court, Kuzhithurai, whereby the amendment application filed by the revision petitioner/plaintiff was dismissed.
2. Originally, the suit in O.S.No.21 of 2015 was filed for bare injunction. Subsequently, the revision petitioner filed an application seeking amendment of the plaint for the relief of declaration.
3. The learned counsel appearing for the revision petitioner submitted that the trial Court had erroneously applied Section 58 of the Limitation Act and held that the limitation period for seeking declaration is three years from the date of cause of action. He would contend that the trial Court failed to consider the applicability of Section 65 of the Limita
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....
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 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.
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....
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