THIRU ALANKADU IMMUDI AHORA DHARMA SIVACHARIAR AIRYRA VAISYA MADAM Vs. UDUMALPET SAMAYAPURAM AYIRA VAISYA

JUDGEMENT

(1.) THIRU Alankadu Immudi Ahora Dharma Sivachariar aiyra Vaisya Madam, Petitioner herein, filed a suit against the respondent for recovery of possession, damages and mesne profits in the year 1998. Respondent filed a written statement in the year 2000, denying the title of the petitioner. Hence, the petitioner/plaintiff filed an application under Order 6, Rule 17 C. P. C. to amend the plaint, claiming the relief of declaration of title over the suit property as well. The said application was opposed by the respondent/defendant, on the ground that it was barred by limitation, as the application was filed after three years. Accepting the said objection, the trial Court dismissed the application on 28-01-2004. Hence, this revision by the petitioner/plaintiff.

(2.) ACCORDING to the learned counsel for the petitioner, delay in filing the application cannot be a ground for rejecting the application, at the threshold and the amendment seeking for declaration is quite essential for complete and effective adjudication of dispute between the parties, as the proposed amendment is to add consequential relief to the main relief.

(3.) JUSTIFYING the order impugned, learned counsel for the respondent would submit on the strength of the decision reported in Tamil nadu Electricity Board v. Tamil Nadu Alloy foundry Co. Ltd. , rendered by this Court, that the application for amendment seeking for new relief should have been filed within the period of limitation, namely, three years and, as such the order impugned is valid.