A. GOWRI Vs. R. MANI

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Trial Court partly dismissing the amendment application filed by the petitioner.

(2.) The petitioner herein filed a suit for permanent injunction restraining the defendants 8 to 17 from interfering with petitioner's right to use the existing 30 feet East - West and North - South road in suit A and B Schedule property. The suit was resisted by the respondents by denying the petitioner's right over the suit 'A' schedule property.

(3.) Now, the petitioner filed instant application for amendment of the plaint. By way of amendment, the petitioner wants to include a prayer for declaration that suit road is a common road and also for mandatory injunction to remove obstructions put up by defendants in the suit road. The Trial Court allowed the amendment in respect of prayer for mandatory injunction. On the other hand, the prayer for declaration was negatived on the ground that such prayer would be barred by limitation. The Trial Court said that the right of the petitioner over suit 'A' schedule property was denied in the written statement filed by 8th defendant as early as 28/2/2013. The petitioner failed to seek amendment for inclusion of declaration prayer within three years from the date of denial of her right and hence, the amendment sought for to include a prayer for declaration is barred by limitation. Aggrieved by the dismissal of the amendment application in respect of prayer for declaration, the petitioner is before this Court.