KALIDAS MORTU GAD Vs. ASHOK MORTU GAD

JUDGEMENT

(1.) HEARD. Rule. By consent Rule made returnable forthwith.

(2.) THE petitioner challenges the Order dated 3. 10. 2005 passed by the trial Court dismissing the application for amendment on the ground that the same was barred by the Law of Limitation. The trial Court has observed in the impugned order that the cause of action arose in November, 1998, while the amendment was sought for in the year 2005 and the relief sought to be included by way of amendment is not in the nature of restoration of possession, but in the nature of mandatory injunction and therefore the period of limitation is of three years and not 12 years as it was sought to be argued before the trial Court.

(3.) AS regards the original plaint is concerned, undisputedly the same was not only for permanent injunction but also for mandatory injunction and prayer (b) therein reads thus : "for a Mandatory injunction ordering the defendant to demolish the construction in respect of the suit house already done by him"