MAHANT JAGMOHAN SINGH Vs. MAHANT KARAMJIT SINGH

JUDGEMENT

(1.) THIS order shall dispose of CR Nos. 1197 and 1198 of 2009 as common questions of facts and law are involved. Brief facts of the case are taken from CR No. 1197 of 2009.

(2.) THIS petition has been filed against the order dated 07.02.2009 whereby the application for amendment of the counter claim has been allowed.

(3.) LEARNED counsel for the petitioner has raised two main arguments. His first argument is that under Order 1 Rule 68 only that cause of action can be incorporated in the counter claim as has arisen before the filing of the written statement. In the present case, the resolution dated 27.12.2003 was passed after the written statement filed on 30.03.2003 and thus, the said amendment could not be allowed. His second argument is that the application for amendment was made almost 5 years after the resolution was passed and it was beyond the period of limitation.