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april 2008

Supreme Court of India · 2008-04-22

ASHUTOSH CHATURVEDI vs PRANO DEVI @ PARANI DEVI .

Citation / case number
SC 2006/4731
Court
Supreme Court of India
Petitioner
ASHUTOSH CHATURVEDI
Respondent
PRANO DEVI @ PARANI DEVI .
Author
V.S. SIRPURKAR S.B. SINHA
Bench
V.S. SIRPURKAR S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, in the context of a suit for declaration of title and possession. The Court held that the amendment sought by the appellant, claiming preferential rights under Section 22 of the Hindu Succession Act, 1956, was barred by limitation as per Article 97 of the Limitation Act, 1963, since it was filed 13 years after the original suit. Consequently, the Court upheld the High Court's dismissal of the amendment application, reinforcing the principle that amendments should not change the nature of the suit or introduce new causes of action after significant delay.

ASHUTOSH CHATURVEDI vs PRANO DEVI @ PARANI DEVI . · Niyam