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NIDHI GUPTA
Sukhbir Singh – Appellant
Versus
Gaje Singh – Respondent
JUDGMENT
Ms. Nidhi Gupta, J.
Present Revision Petition has been filed by defendant No.3 against order dated 09.11.2022 passed by learned Civil Judge (Junior Division), Rohtak in Civil Suit No.35 of 07.01.2016 titled as "Gaje Singh (since deceased) and Another v. Smt. Brahmo Devi (since deceased) and Others (Annexure P1), whereby application moved by the petitioner under Order 14, Rule 5 read with section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), for framing of additional issues, has been dismissed.
2. Brief facts of the case are that the plaintiffs/respondents No.1 and 2 herein, filed Civil Suit No.35 on 05.01.2016 (Annexure P-2) for declaration to the effect that the gift deed No.1013 dated 10.07.2009 is void illegal and not binding upon the rights of plaintiffs with consequential relief of permanent injunction. On notice, the petitioner and respondents No.3 to 5 herein, appeared, and filed written statement (Annexure P-3). Issues were framed vide order dated 25.05.2017, and trial commenced. However, vide application dated 18.11.2019, the defendants sought the framing of additional issues including issue regarding limitation, submitting that the ab
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
The court emphasized strict adherence to limitation periods for amendments in civil suits and the necessity of including all consequential amendments as per procedural rules.
(1) Rejection of plaint – When a document referred to in plaint, forms basis of plaint, it should be treated as a part of plaint – Court cannot look into written statement or documents filed by defen....
The absence of essential elements for a valid gift deed under Mohammedan law led to the dismissal of the suit due to limitations.
Amendments to pleadings are permissible under Order VI Rule 17 of the CPC if they do not change the nature of the suit and are necessary for justice, even if filed after a delay.
The court ruled that limitation issues require evidence and cannot be decided solely on the plaint's initial averments, emphasizing the need for a holistic reading of the plaint.
(1) Mohammedan Law – Gift (Hiba) – For a valid gift declaration by donor is must – A gift cannot be implied.(2) Amendment of plaint – It is always open to court to allow an amendment if it is of the ....
The court established that amendments to pleadings are permissible to ensure justice and effective adjudication, provided they do not introduce time-barred claims or fundamentally change the nature o....
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