MOHAN SINGH Vs. SHANKARNATH

JUDGEMENT

(1.) THIS revision petition, presented u/s 115 of the Code of the Civil Procedure (for short the Code) is directed against order dated 27.9.93 rendered by the 1st. Add1. Judge to the Court of District Judge, Shajapur allowing application moved by non -application No.1 under O. 6, R. 17 of the Code.

(2.) I have heard Shri S.A. Mev, learned counsel for the applicant on admission. Briefly stated the facts of the case are that the non -applicant No.1 has filed the civil suit against the applicant on the footing of contract. The applicant oppugned the suit on the ground of bar of limitation. The relevant Issue No.6 was framed to cover this controversy. Arguments on this issue were heard by the trial Court and case was posted for orders. On the date of order i.e. 16.8.93, the non -applicant No.1 filed the application for leave to amend the pleadings. By the impugned order this application was allowed.

(3.) THE counsel for the applicant submitted that pleadings are not amendable if the suit is barred by time. However, when the application is allowed, the applicant is free to raise all objections as may be available under the law, through consequential amendment.