LALITABAI Vs. BASAVARAJ

JUDGEMENT

(1.) An application to amend the written statement plaint and to raise a counter claim has been granted by the Trial Court by the impugned order and the same is questioned by the plaintiff/petitioner.

(2.) It is the case of the petitioner that he had filed a suit for injunction and in the said suit, an order of temporary injunction was granted after contest by the defendant and the same was affirmed not only in an appeal but by way of a dismissal of the writ petition before this Court.

(3.) It is submitted that after dismissal of the writ petition, an application for amending the written statement to raise a counter claim has been filed and this application being filed 5 years after the filing of the suit, the same would be untenable. It is also submitted that the amendment sought for was a time barred claim and the Trial Court could not have therefore allowed the said application.