L.C. HANUMANTHAPPA (SINCE DEAD) REPRESENTED BY HIS LRS. versus H. B. SHIVAKUMAR

L.C. HANUMANTHAPPA (SINCE DEAD) REPRESENTED BY HIS LRS. versus H. B. SHIVAKUMAR

Article 58 of the Limitation Act, 1963 applies to the amended plaint seeking declaration of title. The right to sue for declaration of title first arose on 16 May 1990 when the defendant denied plaintiff's title in the written statement, so the amendment made after three years was time-barred. The doctrine of relation back does not apply because the amendment was allowed subject to the plea of limitation and no special circumstances exist to warrant its application.

Parties
Appellant: L.C. Hanumanthappa (since dead) represented by his LRS; Respondent: H. B. Shivakumar
Jurisdiction
India
Judgment Date
26 August 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Applicability of Article 58 Limitation Act, Doctrine of Relation Back, Amendment of Pleadings, Declaration of Title, Permanent Injunction
Limitation Applicability of Article 58 Limitation Act Doctrine of Relation Back Amendment of Pleadings Declaration of Title Permanent Injunction

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Parties

L.C. Hanumanthappa (since dead) represented by his LRS

Appellant

H. B. Shivakumar

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Article 58 of Limitation Act, 1963 applies to an amended plaint seeking declaration of title
  2. 2 Whether doctrine of relation back applies when amendment is allowed subject to limitation
  3. 3 When does the right to sue for declaration of title first arise

Ratio Decidendi

Article 58 of the Limitation Act, 1963 applies to the amended plaint seeking declaration of title. The right to sue for declaration of title first arose on 16 May 1990 when the defendant denied plaintiff's title in the written statement, so the amendment made after three years was time-barred. The doctrine of relation back does not apply because the amendment was allowed subject to the plea of limitation and no special circumstances exist to warrant its application.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of the High Court upheld
  • Amended plaint for declaration of title held time-barred