Ram Nath Ram And ANR v. Bilas Ram And ORS

Patna High Court CWJC No.15855 of 2015 (3) dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15855 of 2015 ====================================================== Ram Nath Ram & Anr .... .... Petitioner/s

Versus

Bilas Ram & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 29-06-2016 Heard learned counsel, Mr. Ajay Kumar, appearing for the petitioners.

2.

Perused the impugned order dated 21.07.2015 passed by the Sub-Judge, VII, Motihari in T.S. No. 44 of 1985. 3.

From perusal of the impugned order, it appears that the court below rejected the amendment application finding that at this stage in the year 2015, the amendment has been filed seeking for setting aside or declaration with respect to the sale deed of the year 1934 as fraudulent, forged and fabricated document. It is admitted fact that in the written statement, which was filed in the year 1987, defendant clearly stated about the existence of the sale deed. Now, therefore, the amendment sought for is barred by law of limitation.

4.

It is settled principle of law that if a fresh suit is filed, which will be barred by law of limitation, no amendment can be

Patna High Court CWJC No.15855 of 2015 (3) dt.29-06-2016 allowed for the same relief. Therefore, the court below has rightly rejected the amendment application. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/- U