RAKESH AHUJA Vs. JAGAN NATH

JUDGEMENT

(1.) THE defendants are aggrieved against the order passed by the learned trial Court whereby application of the defendants for amendment of the written statement to claim counter-claim has been declined.

(2.) THE plaintiff-respondent is the father of the defendants. The respondent filed a suit for recovery to claim mesne profits on account of occupation of the premises by the defendants. Earlier, the respondent had filed a suit for mandatory injunction which was decreed and after the possession was handed over by the plaintiff, the present suit for recovery of compensation has been filed.

(3.) THE learned counsel for the petitioners has vehemently argued that the question of limitation is not required to be gone in respect of the filing of the counter claim. He has relied upon the judgment of this Court reported as Vinod Kumar v. Jagmohan and another, 2003(1) RCR(Civil) 140 (P&H).