This writ petition concerned the prospective effect of a court order allowing an amendment to a plaint. The High Court clarified that such an amendment is only prospective and cannot override a bar of limitation once established.
Clarified that the amendment allowed in Ext.P3 has only prospective effect and cannot override the bar of limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 15TH JUNE 2007 / 25TH JYAISHTA 1929
WP(C).No. 5103 of 2005(G) ------------------------OS.1633/1996 of III ADDL. M.C.,THRISSUR
PETITIONERS:
BY ADV. SRI.M.K.DILEEP KUMAR
RESPONDENT: -------------
SASEENDRAN, ALIAS SASIKUMAR, S/O.GOVINDAN, CHEMBALIPURATH HOUSE, KODANNUR VILLAGE, THRISSUR DIST.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.5103 OF 2005
APPENDIX
PETITIONERS’ EXTS:
EXT.P1 – TRUE COPY OF I.A.11118/04 DT.6.12.04 FILED BY RESPONDENT, SEEKING AMENDMENT OF THE PLAINT.
EXT.P2 – TRUE COPY OF COUNTER FILED BY PETITIONERS AGAINST EXT.P1
EXT.P3 – TRUE COPY OF ORDER IN I.A.11118/04 DT.20.12.04 OF III ADDL. MUNSIFF’S COURT, THRISSUR.
/TRUE COPY/
PIUS C. KURIAKOSE, J.
.......................................................... W.P.(C)No.5103 OF 2005
........................................................... DATED THIS THE 15TH JUNE, 2007
J U D G M E N T
Heard Sri.M.K.Dileepkumar, learned counsel for the petitioners and Sri.G.Sreekumar, learned counsel for the respondent.
WP(C)N0.5103/05
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the various judicial precedents which may be cited at the Bar by
counsel on either sides.
The Writ Petition is disposed of as above.
(PIUS C.KURIAKOSE, JUDGE)
tgl
WP(C)N0.5103/05
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2 issues framed by the court
Whether an amendment to the plaint will retrospectively take away the bar of limitation if pleaded.
The scope and prospective effect of allowing an amendment of the plaint after the suit has been transferred.
BHOOMI ENTERPRISES and ANR.
SASEENDRAN, ALIAS SASIKUMAR
PIUS C. KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
