Vinayak Patil 08 December 2018

Amendment Of Pleading

I have filed suit for declaration of title on adverse possession now I have filed application for amendment of pleading that suit for permanent injunction. There is no commencement of trial of suit 1st Defendant has filed counter claim and 2nd defendant has didn't get summons At this stage can grant my application? Pls guide me.

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2 Replies

Siddharth Srivastava (Advocate) 08 December 2018

As per law the doctrine of relation back shall apply and if there would be any inconsistency with earlier case then application may not be allowed by court.

Shashi Dhara 08 December 2018

The court will pass orders after summons is served to defendants &on hearing it pass orders.it may allow or dismiss it.if it dismissed then move towards appeal against orders.it may take decades to close as the proceedings goes on.