Petitioner in a partition suit sought to amend the plaint to add a prayer declaring settlement deeds null and void. The trial court dismissed the amendment application as barred by limitation. The High Court upheld the dismissal, noting the deeds were referred to in the 2014 written statement but the amendment was sought only in 2018.
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C.R.P.No.967 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.R.P.No.967 of 2024 and
C.M.P.No.4926 of 2024
Mariyappan ... Petitioner
Vs.
1.Veerammal
2.Madhammal
3.Sumathi
4.Sakthivel ...Respondents
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 26.03.2019 passed in I.A.No.867 of 2018 in O.S.No.118 of 2018 on the file of the Sub-Ordinate Judge, Palacode.
For Petitioner : M/s.V.Sakkarapani
ORDER
The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioner seeking amendment of the plaint.
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C.R.P.No.967 of 2024
and the respondents filed a written statement on 14.07.2014 and resisted the suit by raising various pleas.
respondent executed a settlement deed in favour of 4th respondent/4th defendant on 17.12.2012 and 31.12.2012.
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C.R.P.No.967 of 2024
respondents on 14.07.2014 and the settlement deeds sought to be declared as null and void were referred to in the written statement. However, the present application has been filed by the petitioner only on 09.11.2018 beyond the period of three years. Therefore, even on the date of filing of the amendment application, the prayer sought for by the petitioner was barred by limitation. Hence, the Trial Court rightly dismissed the amendment application and I do not find anything to interfere with the order passed by the Trial Court. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
18.03.2024
Index : Yes / No Internet : Yes / No nr
To The learned Sub-Ordinate Judge, Palacode.
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C.R.P.No.967 of 2024
S.SOUNTHAR , J.
nr
C.R.P.No.967 of 2024 and C.M.P.No.4926 of 2024
18.03.2024
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1 issue framed by the court
Whether the plaint could be amended to add a declaration that settlement deeds of 2012 were null and void, when the application was filed beyond the period of limitation.
1 provisions across 1 enactments
Mariyappan
Veerammal
Madhammal
Sumathi
Sakthivel
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
