https://www.taxtmi.com/caselaws?id=199964 A declaratory amendment was held time-barred because the right to sue for declaration of title arose when the defendant expressly denied the plaintiff's title, and Article 58 of the Limitation Act prescribed three years from that accrual. The amendment sought after expiry of that period introduced a new declaratory relief on an already existing cause of action. The doctrine of relation back under Order VI Rule 17 CPC was held not to be universal and could be excluded where it would defeat an accrued limitation defence. The earlier order permitting amendment had left limitation open, and no special circumstances justified displacing the bar. en-us Wed, 26 Aug 2015 00:00:00 +0530 Thu, 14 Sep 2023 16:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199964 A declaratory amendment was held time-barred because the right to sue for declaration of title arose when the defendant expressly denied the plaintiff's title, and Article 58 of the Limitation Act prescribed three years from that accrual. The amendment sought after expiry of that period introduced a new declaratory relief on an already existing cause of action. The doctrine of relation back under Order VI Rule 17 CPC was held not to be universal and could be excluded where it would defeat an accrued limitation defence. The earlier order permitting amendment had left limitation open, and no special circumstances justified displacing the bar. Case-Laws Indian Laws Wed, 26 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199964