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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Nagulavancha Linga Rao – Appellant
Versus
Nagulavancha Laxmi – Respondent
ORDER :
This Civil Revision Petition is filed assailing the order dated 01.05.2024 in I.A.No.154 of 2024 in O.S.No.141 of 2015 passed by the Senior Civil Judge at Nalgonda.
2. Heard Sri T.L.Krishna Prasad, learned counsel for petitioners and Sri N.Hari Prasad, learned counsel for respondent No.2.
3. The petitioners herein are the plaintiffs and respondents herein are the defendants before the trial Court.
4. Brief facts relevant for adjudication of the present Civil Revision Petition are that petitioners filed a suit in O.S.No.141 of 2015 on the file of Senior Civil Judge at Nalgonda, for perpetual injunction against the respondents restraining them from interfering with the suit schedule property. During the pendency of the suit, petitioners filed vide interlocutory application I.A.No.154 of 2023 under Order VI Rule 17 r/w Section 151 of CPC to amend the pleadings of the plaint. In the said application, it is contended that along with the suit, petitioners also filed I.A.No.495 under Order XXXIX Rules 1 and 2 of CPC seeking to grant temporary injunction and the respondent No.2 filed counter stating that the suit schedule property is coparcenery property of the petitioner No.1 and the
Amendments to pleadings cannot introduce time-barred claims, as this undermines the accrued rights of other parties involved.
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
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....
Amendments to a plaint are permissible before trial commences if they do not introduce a new cause of action that is time-barred, preserving the rights of the defendants.
The main legal point established in the judgment is that the amendment of pleadings can be allowed at any stage of the proceedings if it is necessary for determining the real questions in controversy....
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