MADAN LAL Vs. KABAL SINGH

JUDGEMENT

(1.) THIS petition has been filed against the order dated 11.8.1997 passed by the Additional Civil Judge (SD) Patti. By this order the learned Additional Civil Judge has allowed the application filed by the respondent-plaintiff under order 6 Rule 17 read with Section 151 C.P.C. It may be noted here that the amendment sought by the plaintiff was to the effect that in the alternative the plaintiff was entitled to the damages of Rs. 1 lac if the possession of the land in dispute is not delivered to him.

(2.) THE only point raised by the learned counsel of the petitioner is that the alternative plea raised by the plaintiff for the recovery of Rs. 1 lac as damages is time barred and as such the amendment incorporating this relief which is lime barred, is not permissible. In support of this submission the learned counsel has placed reliance on a judgment of the Supreme Court in T.L. Muddu Krishana and Anr. v. Smt. Lalitha Ram Chandra Rao, J.T. 1997(1) S.C. 540.