Revision against rejection of amendment seeking cancellation of unregistered will deemed barred by time as plaintiff knew of will during written statement filing.
Amendment application rejected; revision dismissed.
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Court No. - 9
Case :- CIVIL REVISION No. - 14 of 2018
Revisionist :- Gopal Ji Ojha Opposite Party :- Dharmatmanand Ojha And Another Counsel for Revisionist :- Mata Pher
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
This is plaintiff's revision directed against the order dated 14.11.2017 whereby an application for amendment in the plaint, has been rejected.
By means of the amendment, the plaintiff sought to incorporate the relief for cancellation of an unregistered will set up by the defendant No. 1.
The application has been rejected on the ground that this unregistered will had been set up in the written statement filed by the defendants on 15.07.2010. The relief for cancellation was sought to be incorporated by means of an application filed in March, 2017.
The court below has come to the conclusion that the plaintiff had knowledge of the will since filing of the written statement and that the amendment application was filed almost 7 years thereafter. The relief was, therefore, barred by time. Accordingly the amendment application has been rejected.
Upon hearing counsel for the revisionist and upon a perusal of the impugned order, I do not find any illegality therein. It is settled law that a relief which is barred by time cannot be permitted to be incorporated by means of an amendment.
The revision is accordingly dismissed.
Order Date :- Priyanka 12.1.2018 KUMAR MISHRAANJANI Digitally signed by ANJANI KUMAR MISHRADN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRAReason: I am the author of this documentLocation: Date: 2018-01-12 14:48:45
2 issues framed by the court
Whether a relief barred by time can be incorporated via amendment.
Whether the rejection of amendment application for cancellation of unregistered will is legal.
Gopal Ji Ojha
Dharmatmanand Ojha
Another
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
