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Allahabad High Court

VIKAS JAISWALversusRAJESH KUMAR JAISWAL

Decided

Holding

The amendment of the written statement was lawful and no illegality was committed by the lower courts.

Summary

The petitioner challenged a civil judge's order that allowed the defendant to amend his written statement six and a half years after filing it, adding a limitation defence and a claim of adverse possession. The petitioner argued that the delay should bar the amendment and that the amendment would prejudice his case. The respondent contended that delay alone is not a ground to reject an amendment and that the amendment could be considered without prejudice. The court examined the nature of the pleas, noting that a limitation defence is a legal issue that the court must consider irrespective of amendment, and found no prejudice from the adverse possession claim. Concluding that the lower courts acted within their jurisdiction and no illegality occurred, the court dismissed the petition.

Issues considered

  • Whether an amendment to a written statement filed after a delay of six and a half years is permissible under civil procedure.
  • Whether the addition of a limitation defence and an adverse possession claim as amendments is proper and prejudicial to the plaintiff.

Legislation cited

Subjects

  • amendment of pleadings
  • limitation defence
  • adverse possession
  • revision under Article 227
  • delay in amendment
  • civil procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            MATTERS UNDER ARTICLE 227 No. - 11846 of 2022

Vikas Jaiswal
                                                           .....Petitioner(s)
                                  Versus

Rajesh Kumar Jaiswal
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Deepak Kumar Jaiswal, Santosh Kr.
                                 Singh Paliwal
Counsel for Respondent(s)      : Abhishek

Court No. - 5
                HON'BLE MANISH KUMAR NIGAM, J.

1. This petition has been filed challenging the order dated 11.03.2022
passed by the Civil Judge, Allahabad allowing the amendment application
filed by the defendant/respondent in the suit. The revision filed by the
petitioner has also be been dismissed by order dated 25.11.2022.

2. Contention of the learned counsel for the petitioner is that the
amendment application has been filed after six and a half years of filing
the written statement. It has been further contended that earlier the
defendant has claimed himself to be owner and later on by the amendment
he wanted to add a paragraph claiming adverse possession over the
property in dispute.

3. Replying to the submission made by learned counsel for the petitioner,
learned counsel for the respondent contended that mere delay cannot be a
ground of rejection of amendment application. It has been submitted by
learned counsel for the respondent that the amendment cannot be
prejudged at the stage of allowing the amendment. It has been further
submitted that in a written statement alternative pleas can be taken by the
defendant and no illegality has been committed by the courts below in
allowing the amendment application.

4. Heard the submissions made by learned counsel for both the parties and
perused the record.

5. I am of the view that two amendments have been sought by the
                                                                                           A227 No. 11846 of 2022
                                                                   2


                                    defendant in the written statement, one relating to the fact that the suit
                                    filed by the plaintiff/petitioner was barred by limitation. Question of
                                    limitation is a legal plea and that could be raised, even without
                                    amendment. Even otherwise, under Section 3 the of Limitation Act the
                                    court has to see whether the plaint is barred by limitation or not even
                                    without there being any application on behalf of other parties. Therefore, I
                                    am of the view that no prejudice is going to be caused to the
                                    plaintiff/petitioner by the said amendment. So far as adding the plea of
                                    adverse possession, I am in agreement with the arguments raised by
                                    learned counsel for the respondent.

                                    6. In view of the above, this Court is of the opinion that no illegality has
                                    been committed by the courts below in allowing the amendment
                                    application.

                                    7. This petition lacks merit and is accordingly dismissed.



                                                                                   (Manish Kumar Nigam,J.)
                                    March 19, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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