ASSI BAI Vs. MOHAN LAL

JUDGEMENT

(1.) Admitted. With the consent of the parties, I proceed to dispose of the revision petition.

(2.) By the impugned order, the learned Sub Judge has dismissed the application of the petitioner under Order 6, Rule 17 Civil Procedure Code .for amendment of the written statement. The petitioner wanted to amend the written statement by adding the following plea :

(3.) It is thus clear that the plea which is sought to be added by way of amendment is with regard to the bar of the suit under the provisions of Section 281-A, of the Income Tax Act. The learned trial court has dismissed the application of the petitioner on the ground that the plaintiff, the respondent herein, was not getting any income on account of thCe property in suit, so the provisions of Section 281-A were not applicable. The other ground, taken into consideration by the learned trial court is that Section 281-A came into force w.e.f. 15th November, 1972, while the plaintiff was claiming the right since 1954, when the compensation had been given to her mother. In my view, all these are questions of fact, which can be determined only after trial.