Gulachi Devi v. Calcutta Diocesan Trust Association Pvt. and Ors.
Case brief
What is this about?
Amendment of plaint — rejection upheld — Order VI Rule 17 Code of Civil Procedure — Article 227 Constitution of India — no illegality or perversity — limitation bar of three years — declaration that Deed of Lease dated 15.11.2010 void, illegal and inoperative — recovery of possession — rights accrued to defendant — prejudice to defendant — Title Suit No. 116 of 2023 — Civil Judge (Senior Division), 2nd Court, Howrah — earlier C.O. 3385 of 2018 — Trial Court order dated September 11, 2018 — C.R.R. 3938 of 2024 dismissed.
What did the court decide?
A fresh suit to challenge the lease deed dated 15.11.2010 or to seek recovery of possession has become non-maintainable, being barred by limitation (stated to be three years); rights have accrued to the defendant with reference to challenging the deed and/or recovery of possession, and allowing the amendment would certainly cause prejudice to the defendant.