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MANISH KUMAR
Matadeen @ Mitthu – Appellant
Versus
Addl. Distt. Judge Ambedkarnagar – Respondent
JUDGMENT :
(Manish Kumar, J.)
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri S.P. Tiwari, learned counsel for the private respondents.
2. The writ petition (MATTERS UNDER ARTICLE 227 No. - 4657 of 2006) was reserved by a co-ordinate Bench of this Court on 08.04.2022 and thereafter, it was released on 30.06.2022.
3. Both these writ petitions are being heard together and they are being decided by this common judgment.
4. Learned counsel for the petitioner has submitted that the deceased petitioner in the present writ petition had inherited the property in question i.e. Gata No. 53-Ja, filed a suit for permanent injunction on 10.04.1998 which has been registered as Original Suit No. 256/1998 (Matadeen @ Mitthu vs. B.N.K.V. Mahavidyalaya and Ors.). The respondents after receiving the notice had filed their written statement on 15.02.1998, claiming the property in question on the basis of sankalp nama (gift deed) dated 21.01.1957 alleged to be executed by the deceased petitioner's father.
5. It is further submitted that the deceased petitioner moved an application for amendment on 13.03.2000 which was allowed by order dated 24.03.2003 and accordi
The amendment application was allowed as it was filed within the 12-year limitation period under Article 109 of the Limitation Act, allowing the petitioner to challenge the validity of the original d....
Amendments to a plaint are permissible for effective resolution of disputes, but claims that are time-barred cannot be allowed, especially when they would divest the opposing party of accrued rights.
The legal point established in the judgment is that a party cannot retrospectively undo a legal status created by a predecessor, and a valid explanation for inaction over a long period is required.
The court established that a plaintiff's knowledge of property encroachment is critical in determining the limitation period for filing a suit, and such knowledge must be substantiated by evidence.
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