VARINDER KUMAR Vs. RAJINDER PARSHAD AND OTHERS

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 11.3.1989 whereby amendment of the plaint has been allowed subject to payment of Rs. 50/- as costs and subject to limitation.

(2.) The main grievance of the petitioner is that the amendment sought in the suit is barred by time and, therefore, no amendment could be allowed as prayed. According to the learned counsel, mother of the parties died on 13.11.1985 whereas the application for amendment was moved on 30.1.1989.

(3.) It is a suit between two brothers for partition of the suit property. The trial Court after considering the entire matter has allowed amendment of plaint on payment of Rs. 50/- as costs and at the same time has also safeguarded the interest of the defendant as question of limitation has been left open. In view of that even the necessary issue, as to whether the claim is within limitation or not has also been framed subsequent to the amendment of the plaint. In these circumstances, there is no justification for interference in the impugned order in the revisional jurisdiction. Consequently, the petition fails and is dismissed.