Citation Text

Time Barred Amendment of Plaint Code of Civil Procedure, 1908 Order VI Rule 17 Order 39 Rule 4 CPC Plaintiff-son seeking declaration declaring relinquishment deeds dated 18th November, 1999, rectification deed dated 30th March, 2000 and sale deeds dated 4th March, 2002, 3rd December, 2004 and 16th August, 2005 to be null and void Defendant No.1- mother a 92 year old lady filed application under Order 39 Rule 4 CPC to permit her to reside in third floor of property during pendency of suit Whether or not suit filed by Plaintiff barred by limitation and question of amendment of plaint does not arise Yes, documents available on record show that Plaintiff and other legal heirs of Defendant No.1 late husband have executed relinquishment deed and rectification deed in favour of Defendant No.1-mother After execution entire property transferred in name of Defendant No.1 by conveyance deed Plaintiff on his own willingness transferred entire rights in name of Defendant No.1 Suit filed in 2006 after about more than six and half years Suit barred by limitation Once suit is time barred application for amendment not maintainable Defendant No.1 declared to be absolute owner of suit property.