(A) Civil Procedure Code, 1908, Order 6 Rule 17 – Civil Procedure – Amendment of plaint – Change in the nature of suit – Suit was filed for partition and separate possession – By way of amendment, relief of declaration of the compromise decree being null and void was also sought – Held that the same would certainly change the nature of the suit, which may be impermissible. (Para 10)
(B) Civil Procedure Code, 1908, Order 6 Rule 17 – Limitation Act, 1963, Article 59 – Civil Procedure – Amendment of plaint – Delay in filing application – Compromise decree was passed on 14.10.2004 in which the plaintiffs were party – The application for amendment of the plaint was filed on 08.02.2010 i.e. 5 years and 03 months after passing of the compromise decree, which is sought to be challenged by way of amendment – The limitation for challenging any decree is three years as per Article 59 in Part-IV of the Schedule attached to the Limitation Act, 1963 – A fresh suit to challenge the same may not be maintainable -Relief sought by way of amendment was time barred – As with the passage of time, right had accrued in favour of the appellant with reference to challenge to the compromise decree, the same cannot be taken away – In case the amendment in the plaint is allowed, this will certainly cause prejudice to the appellant – What cannot be done directly, cannot be allowed to be done indirectly – Impugned order passed by the High Court liable to be set aside – The application filed for amendment of the plaint dismissed with costs assessed at Rs. 1,00,000/- to be paid jointly or severally by respondents No. 1 and 2 to the appellant. (Para 12.1 and 14)
SUPREME COURT OF INDIA
2024 STPL(Web) 133 SC
[2024 INSC 151]
Basavaraj Vs. Indira And Others
Civil Appeal No. 2886 of 2012-Decided on 29-2-2024
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