Sugunthalakshmi v. Manohari

A.No.2370 of 2023 in C.S.No.552 of 2019 R.N.MANJULA,J.

This application has been filed to permit the applicants to amend the plaint by including the paragraphs 10A to 10H, substitute paragraph 11, amend paragraph 11 by including paragraphs 11V to 11XVI and including prayers in paragraph 12 from C to N in the plaint in the above suit.

2. It is submitted by the learned counsel for the plaintiffs that these amendments are the consequential to the impleading D3 to D9 in the suit and hence the plaint has to be suitably amended as stated in the particulars of the amendment.

3. The learned counsel for the respondents submitted that some of the documents relating to the year 2005 -11 were omitted to be challenged by the plaintiffs and they cannot seek any relief in respect of the property involved in the said documents. He also submitted that the plaintiffs are precluded from raising any relief, in view of the bar of limitation.

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4. Since the application has been filed for carrying certain amendment consequential to the impleading of D3 to D9, I feel the issue on the limitation can be dealt appropriately at a later stage after giving opportunity to the defendants to file written statement. If needed, the question of limitation can also be framed as an issue and tried.

5. With these observations, this application is allowed. 12.07.2023 gsk A.No.2370 of 2023 in C.S.No.552 of 2019 Page No.2 of 2 https://www.mhc.tn.gov.in/judis