TRIRO Vs. DEV RAJ

JUDGEMENT

(1.) There is much ado about nothing. The controversy centers round the recasting of a preliminary issue in a suit, instituted by respondents challenging a Tameeq-nama dated 30/04/1959, executed in favour of petitioner defendant, by virtue of which land measuring 5 kanals and 14 marles situate at village Gura-Mundian Tehsil Hiranagar, has been settled. The issue pertains to the period of limitation and it has been framed by the trial court in the following manner :- "Whether the suit is time-barred ? OPD". Petitioner-defendant is aggrieved of this and wants the issue to be framed as fol-lows :- "Whether the suit is within time ? OPP". and prays that burden of proof be placed on plaintiffs.

(2.) Therefore, all that requires to be decided is whether the issue should be as framed by the trial court or in the form as suggested by the petitioner ?

(3.) The petitioner is more concerned about the onus of proof placed on him and says that it has caused a grave prejudice to him. His case is that on his own showing plaintiffs had admitted the belated filling of suit and had also applied for condonation of delay. There-fore, it was for them to prove that the suit vas within time and the trial court should have framed the issue accordingly.