LOVE TRADING COMPANY Vs. RANDHIR SINGH

JUDGEMENT

(1.) VIDE order dated 7.8.2013, amendment in the written statement sought by the defendant by way of an application under Order VI Rule 17 read with Section 151 CPC to incorporate plea of set off with consequential modifications, was allowed. The plaintiff, petitioner herein, has challenged this order.

(2.) PERUSAL of the paper book reveals that when an application for amendment of the written statement to incorporate plea of set off was made, no reply was even filed by the plaintiff, petitioner herein. Only argument advanced from the plaintiff was that the amendment, if allowed, would be time barred as only legally recoverable sum of money can be claimed as set off under Order VII Rule 6 CPC. Discussing all these aspects at a great length and elaborately discussing the entire issue, the application was allowed by the lower Court.

(3.) EVEN in this revision petition, main plea of the plaintiff is that the set off sought for by way of amendment in the written statement is regarding the amount pertaining to the year 2008 -09 and thus, is clearly barred by limitation. Support has been sought from M/s Maruti Udyog Limited, New Delhi Versus M/s Blue Star Limited, 1994 3 RRR 488 . Relevant portion of para 16 of this judgment referred to by learned counsel for the petitioner -plaintiff reads as under: