MAZLISH-E-SHOORA Vs. QUASS SIDDIKKI

JUDGEMENT

(1.) THIS revision petition has been preferred by the above -named plaintiff -petitioner against the order dated 27.6.1998 passed by the Ex -Munsif -ll, Patna, in Title Suit no. 12 of 1984 whereby the prayer made by the petitioner to amend the plaint by inserting State of Bihar through I.G. (Society), Registration Department, Bihar a party to the suit. On hearing the parties the learned court below passed the impugned order holding that the amendment has been made at a belated stage and is beyond the period of limitation.

(2.) THE suit was filed in the year 1984 and defendant no.2 was impleaded as Assistant Registrar (Society) Registration Department, Bihar and permission was also taken under Section 80(2) of the Code of Civil Procedure on 28.6.1984 itself as there was also urgency regarding injunction matter. On filing written statement by the defendant no.2 opposite party took the plea that the suit is not maintainable as State of Bihar has not been made a party. Although the written statement was filed long back i.e. in the year 1986 but no amendment was sought for inclusion of State of Bihar as a party for long nine to ten years. Now this petition has been filed for inclusion of the name of State of Bihar. Learned court below held that the amendment petition is barred by limitation.

(3.) ON the other hand, learned counsel for the opposite parties has submitted that originally Assistant Registrar was made a party by name but afterwards by amendment in the year 1989 the name of the officer concerned was deleted. So at least in the year 1989 also the petitioner had the information that the State of Bihar was not a party to the suit when specific plea was taken in the written statement. By referring to the judgment of the Apex Court as reported in 1996(SC) 2356 (Radhika Devi vs. Bajrangi Singh and ors.) it has been contended that when specific plea was there in the written statement but still then the amendment was not prayed for within the period of limitation such belated amendment should be rejected forthwith.