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Head Note

The Code of Civil Procedure, 1908  - Order VI Rule (17) , The Limitation Act, 1963  - Article 58

Amendment of Plaint - Limitation - Doctrine of relation back - Right to sue for declaration of title first arose on the facts of the present case on 16th May, 1990 when the original written statement clearly denied the plaintiff's title - By 16th May, 1993 therefore a suit based on declaration of title would have become time-barred - Plaintiff sought to amend the plaint in the year 2002 - Held that the doctrine of relation back would not apply to the facts of this case for the reason that the court which allowed the amendment expressly allowed it subject to the plea of limitation, indicating thereby that there are no special or extraordinary circumstances in the present case to warrant the doctrine of relation back applying so that a legal right that had accrued in favour of the defendant should be taken away - Find no infirmity in the impugned judgment of the High Court - Appeal liable to be dismissed.

Topic(s)-Limitation - Amendment of Plaint - Doctrine of Relation Back