ABDUL RAHEEM KHAN Vs. KUDSIA ANEES

JUDGEMENT

(1.) BY the impugned order, the Court below has rejected defendants application filed under Order 6 Rule 17 CPC mainly on the ground that the defendants cannot be permitted to raise these pleadings as the limitation as prescribed under Article 56 of the Indian Limitation Act has run out against them. In the opinion of this Court, the Court below was absolutely unjustified in rejecting the application on the ground of application of Article 56 of Indian Limitation Act. The Court below has not taken into consideration that Article 56 applies to a suit where the plaintiff wants to challenge the genuineness of a document. Article 56 would not apply to a defence sought to be raised by the defendant. The Court below was absolutely unjustified in rejecting the application and failed in exercising its jurisdiction vested in it in accordance with law. The application deserves to and is accordingly allowed. Looking to the delay in moving the application, it is directed that the defendants shall pay Rs. 500/as cost to the plaintiff. The parties shall appear before the trial Court on 17.12.98. The applicants shall incorporate the amendment in the written statement on the same day. If the plaintiff wants to make any consequential amendment, he may do so within next four weeks. If an additional issue is required to be framed, the trial Court shall cast an additional issue and would again pennit the plaintiff to lead evidence on the newly castissue. I am told that the suit is pending since 1984. Almost 14 years have passed. The trial Court shall dispose of the suit by 31.8.1999.