LAWS(JHAR)-2002-11-43

BIKRAMA TIWARI Vs. SANTOSH KUMAR KASHYAP @ SANTOSH KASHYAP

Decided On November 21, 2002
Bikrama Tiwari Appellant
V/S
Santosh Kumar Kashyap @ Santosh Kashyap Respondents

JUDGEMENT

(1.) IT appears that inspite of personal service of notice upon the opposite parties they have not appeared so far.

(2.) THIS revision application is directed against the order dated 6.8.2002 passed in Title Suit No. 19 of 1995 whereby the trial court has refused to grant the prayer of the petitioner for amendment of the plaint.

(3.) THE Limitation Act prescribes the limitation of 3 years but the period of limitation shall start when the party refuses to perform his part of the contract. In that view of the matter, the limitation shall be decided along with other issues at the time of final hearing of the suit and the amendment so prayed for by the plaintiff -petitioner should have been allowed.