REHAB HOUSING PVT. LTD Vs. VAMAN LAXMAN SHELKE

JUDGEMENT

(1.) Heard learned counsel for the Petitioner, finally at the stage of admission itself.

(2.) By this petition filed under Article 227 of the Constitution of India, the Petitioner is challenging the order dated 1 st August, 2016 passed by Joint Civil Judge Senior Division, Panvel, below Exhibit 74 in Special Civil Suit No.433 of 2007. The said application was filed by the Petitioner under Order-VI Rule-17 of the Civil Procedure Code (for short "C.P.C.") seeking amendment in the plaint in order to claim additional relief that the sale-deed executed by Defendant No.2 in favour of subsequent transferee i.e. Defendant No.3 is not binding on him. An incidental amendment in the suit valuation clause was sought.

(3.) This application, however, came to be rejected by the trial Court holding that the amendment is sought in respect of the relief which is time barred and hence, it is going to jeopardize the rights of the Respondents-Defendants and therefore, it was held that the amendment is unjustified and against the principle of law of limitation.