9911796707
TMI Blog2006 (3) TMI 807X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. During pendency of the appeal before the District Judge the vendor died on 27th Har 2004. The prayer of the plaintiffs for amendment of the plaint converting the suit into one for possession was accepted by the District Judge on 4th Maghar 2004. The amended plaint was thus presented before the District Judge on 9th Maghar 2004. The defendants respondents then raised the plea of limitation. That objection was allowed by the District Judge, Barnala, on 30th Phagan 2004 and the appeal was dismissed holding the suit as time barred on the date of the presentation of the amended plaint. The plaintiffs have come to this Court in revision. 3. The learned District Judge clearly held that it was no doubt true that the suit for a declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the plaint is to date back the suit where no party is added. No party was added in the present case also. 4. The view of the learned District Judge that this suit became time barred because the cause of action for possession accrued after the institution of this suit is not clearly intelligible. The real cause of action that started this litigation on behalf of the plaintiffs was the alienation in question. It was, therefore, that the suit was instituted in the Court. Amendment of the plaint at a later stage on account of certain circumstances happening after the institution of this suit, cannot, by any stretch of imagination, be considered to mean the institution of a new suit, particularly when the parties are the same and the disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1941) 2 cal. 477). Cause of action means the whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in the suit. In a restricted sense, the words cause of action mean the circumstances forming the infringement of the right or the immediate occasion for the action, and, in a wider sense, those words mean the necessary conditions for the maintenance of the suit including not only the infraction of the right but the infraction coupled with the right itself. This expression means every fact which might be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the Court. The learned District Judge was, therefore, wrong when he considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
