AIROnline 2024 SC 112

Supreme Court Of India

Hon'ble Judge(s): C. T. Ravikumar, Rajesh Bindal , JJ

Civil P.C. (5 of 1908) , O.6 R.17— Amendment of plaint - Permissibility - Initially, suit was filed for partition and separate possession - By way of amendment, relief of declaration of compromise decree being null and void was also sought - Same would certainly change nature of suit - Application for amendment of plaint was filed 5 years and 03 months after passing of compromise decree - Relief sought by way of amendment was time barred - As with passage of time, right had accrued in favour of defendant with reference to challenge to compromise decree, same could not be taken away - If amendment was allowed, it would cause prejudice to defendant - Plaintiffs in original suit were not party to present litigation - Even if on any ground amendment could be permitted, no relief could be claimed with reference to setting aside of compromise decree as all parties thereto were not before Court - Order granting permission to amend plaint was set aside. W.P. No. 82086 of 2010, Dt/- 18-08-2010 (Kar)-Reversed (Para 10 12 13) .....