ASHUTOSH CHATURVEDI versus PRANO DEVI @ PARANI DEVI & ORS.

ASHUTOSH CHATURVEDI versus PRANO DEVI @ PARANI DEVI & ORS.

Amendment of plaint to introduce a claim for preferential right as a co-sharer under Section 22 of the Hindu Succession Act after expiry of the limitation period (13 years after relevant sale deeds) is not maintainable; courts will not exercise discretionary jurisdiction to allow such amendments barred by limitation.

Parties
Appellant: Ashutosh Chaturvedi; Respondents: Prano Devi @ Parani Devi & Ors.; Appellant: Sushanshu Saran; Respondents: Anju Prakash; Respondents: Biju Shankar; Respondents: Sanjay Jain
Jurisdiction
India
Judgment Date
22 April 2008
Procedural Posture
Civil Appeal / Final Judgment After Appeal From High Court Order Rejecting Amendment of Plaint
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Preferential Right to Acquire Property, Limitation, Setting Aside Sale Deed
Civil Procedure Succession Law Property Law Amendment of Pleadings Preferential Right to Acquire Property Limitation Setting Aside Sale Deed

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ashutosh Chaturvedi

Appellant

Prano Devi @ Parani Devi & Ors.

Respondents

Sushanshu Saran

Appellant

Anju Prakash

Respondents

Biju Shankar

Respondents

Sanjay Jain

Respondents

Procedural Posture

Civil Appeal / Final Judgment After Appeal From High Court Order Rejecting Amendment of Plaint

Legal Issues

  1. 1 Whether amendment to plaint claiming preferential rights after 13 years is maintainable
  2. 2 Whether Section 22 of Hindu Succession Act applies after execution of sale deeds
  3. 3 Whether the application for amendment is barred by limitation

Ratio Decidendi

Amendment of plaint to introduce a claim for preferential right as a co-sharer under Section 22 of the Hindu Succession Act after expiry of the limitation period (13 years after relevant sale deeds) is not maintainable; courts will not exercise discretionary jurisdiction to allow such amendments barred by limitation.

Court Disposition

Appeal dismissed

Orders

  • No costs.