RADHIKA DEVI versus BAJRANGI SINGH AND ORS.

RADHIKA DEVI versus BAJRANGI SINGH AND ORS.

If a party acquires a right by bar of limitation, and an amendment of pleading is sought to take away that right, such amendment should be refused. In this case, permitting an amendment to challenge the gift deed after the bar of limitation would defeat the respondents' accrued rights, and thus the High Court was correct in refusing the amendment.

Parties
Appellant: Radhika Devi; Respondents: Bajrangi Singh and Others
Jurisdiction
India
Judgment Date
18 January 1996
Procedural Posture
Civil Appeal / Appeal From Order of Patna High Court in Revision
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Limitation, Partition Suit
Civil Procedure Amendment of Pleadings Limitation Partition Suit

Case Brief

Summary, issues, holding and outcome

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Parties

Radhika Devi

Appellant

Bajrangi Singh and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of Patna High Court in Revision

Legal Issues

  1. 1 Whether the appellant is entitled to amend the plaint to seek a declaration regarding the gift deed alleged to be obtained fraudulently
  2. 2 Whether permitting such amendment would defeat the respondents' accrued rights by limitation

Ratio Decidendi

If a party acquires a right by bar of limitation, and an amendment of pleading is sought to take away that right, such amendment should be refused. In this case, permitting an amendment to challenge the gift deed after the bar of limitation would defeat the respondents' accrued rights, and thus the High Court was correct in refusing the amendment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs