LawRato

I have property civil suit pending. Please suggest me


18-May-2023 (In Civil Law)
In a civil suit, the petitioner filed suit for declaring registered gift deed executed by her as null and void. The gift deed was executed in 2002. The petitioner filed the suit in 2013.In the suit, she says it came to her knowledge in 2006 that said gift deed was fraudulently done.She says being Senior citizen she could not file suit for 7 years from 2006 to 2013. It is clearly time barred as per article 59 of limitation act. The plaintiff expired in 2014.Two of her sons have become plaintiff LR1 AND LR2. To avoid limitation act, they have sought amendment saying they have come to know about said gift deed only in 2013. Question is can LRs change the original petition of plaintiff by seeking such amendments. If allowed so the defendant shall lose benefit of time lapse as rule 59 of limitation act. Should such an amendment be allowed although trial has not started.
Answers (2)

Answer #1
856 votes
Let them amend the plaint, then, you may take objections qua limitation etc . Present petitioners are themselves destroying their case; as cause of action has totally been changed. The original pltff had had a cause of action under d Sr Citizen act, whereas, it wud b difficult to prove fraud on your part by the recent pltff cum legal heirssince complete factual matrix are deficit so pls supply the same for better advice. Thnx

Answer #2
575 votes
certainly the period of limitation cannot be waived irrespective of the submissions of LRs but it should be kept in mind that if the LRs are able to show that the original plaintiff was restrained from filing suit with in stipulated time for some sufficient reason then certainly the court may take that into consideration while deciding the plea of limitation.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."