SAMPATH KUMAR versus AYYAKANNU AND ANR.

SAMPATH KUMAR versus AYYAKANNU AND ANR.

Amendment converting suit for permanent injunction to suit for declaration of title and recovery of possession is permissible where cause of action arises pending suit; delay is not in itself a bar, and amendment should be allowed to avoid multiplicity of proceedings, subject to defendant's rights relating to adverse possession.

Parties
Appellant: Sampath Kumar; Respondent: Ayyakannu
Jurisdiction
India
Judgment Date
13 September 2002
Procedural Posture
Civil Appeal / Appeal From Revision Order of Chennai High Court in C.r.p. No. 2046 of 2001
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Doctrine of Relation Back, Permanent Injunction, Declaration of Title, Recovery of Possession
Civil Procedure Amendment of Pleadings Doctrine of Relation Back Permanent Injunction Declaration of Title Recovery of Possession

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Parties

Sampath Kumar

Appellant

Ayyakannu

Respondent

Procedural Posture

Civil Appeal / Appeal From Revision Order of Chennai High Court in C.r.p. No. 2046 of 2001

Legal Issues

  1. 1 Whether it is permissible to convert a suit for permanent injunction into a suit for declaration of title and recovery of possession by amendment
  2. 2 Effect of delay in seeking amendment
  3. 3 Application of doctrine of relation back to amendment of pleadings

Ratio Decidendi

Amendment converting suit for permanent injunction to suit for declaration of title and recovery of possession is permissible where cause of action arises pending suit; delay is not in itself a bar, and amendment should be allowed to avoid multiplicity of proceedings, subject to defendant's rights relating to adverse possession.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of High Court and Trial Court set aside
  • Plaintiff permitted to incorporate amendment in plaint