Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1650 - HC - Indian LawsValidity of claim added by way of amendment was barred by Order II Rule 2 of the Code of Civil Procedure, 1908 (CPC) - whether the claim sought to be added by way of amendment was barred by time? - HELD THAT:- The dismissal of the separate suit filed for the relief which was sought to be added by way of amendment in the pending suit, on the ground of being barred by Order II Rule 2 of the CPC, would not bar the amendment in the pending suit, to claim the same relief. Dismissal of the separate suit filed for damages on the ground of Order II Rule 2 of the CPC in my view would not constitute res judicata within the meaning of Section 11 of the CPC, to bar the respondent / plaintiff from claiming by way of amendment the relief which was held to be barred by Order II Rule 2 of the CPC - Dismissal of a suit as barred by Order II Rule 2 of the CPC would not amount to claim of damages having been heard and finally decided by the Court. There is no merit in the plea of the order allowing amendment to be bad for the reason of the claim sought to be made by amendment being barred by Order II Rule 2 of the CPC. Time Limitation - HELD THAT:- The senior counsel for the petitioner / defendant contends that there is a difference in a claim for damages in a suit for specific performance of an Agreement of Sale and damages for defamation for which a special period of limitation has been provided - it is clear that the question of limitation is not such, which can be said to be apparent for the amendment to be denied. Petition dismissed as withdrawn.
|