suit was filed for partition and separate possession By way of amendment, relief of declaration of compromise decree being null and void was also sought - Relief sought by way of amendment was time barred - petition dismissed

Citation 

AIROnline 2024 SC 112

SUPREME COURT

C. T. RAVIKUMAR, J. and RAJESH BINDAL, J.

Civil Appeal - 2886 of 2012 D/-29-2-2024

Basavaraj v. Indira

Civil P.C. (5 of 1908), 0.6 R.17 - Amendment of plaint Permissibility - Initially, suit was filed for partition and separate possession By way of amendment, relief of declaration of compromise decree being null and void was also sought Same would certainly change nature of suit - Application for amendment of plaint was filed 5 years and 03 months after passing of compromise decree Relief sought by way of amendment was time barred As with passage of time, right had accrued in favour of defendant with reference to challenge to compromise decree, same could not be taken away - If amendment was allowed, it would cause prejudice to defendant Plaintiffs in original suit were not party to present litigation - Even if on any ground amendment could be permitted, no relief could be claimed with reference to setting aside of compromise decree as all parties thereto were not before Court - Order granting permission to amend plaint was set aside.