Whether An Amendment Application To Include A Relief Which Is Otherwise Time-Barred Can Be Allowed? SC To Consider

Whether an amendment application to include a relief which is otherwise time-barred can be allowed? The Supreme Court to consider The Supreme Court on Friday issued notice in a Petition where the central issue involved was whether a Plaintiff can file an amendment application to include a relief which would otherwise be barred under the Limitation Act 1963. Thereafter, the Respondents filed an amendment application seeking to include the relief of 'recovery of possession' in 1997, which was allowed by the Cooperative Court, Bombay in 1998. Thus, the suit got instituted before the Hon'ble High Court of Bombay in 2003 and the Respondents sought to take benefit of Section 14, Limitation Act 1963 to exclude the time spent litigating before the Cooperative Courts, Bombay from the prescribed period of limitation. Moreover, they placed reliance on Section 14, Limitation Act 1963 to state that the civil suit itself was within limitation as the time period spent litigating before the Cooperative Court, Bombay would stand excluded.