Mr. Harish Tandon, J. - (1.) This revisional application is directed against an order No. 93 dated 5th August 2017 passed by learned Civil Judge (Sr. Div), 3rd Court, Alipore in Title Suit No. 4457 of 2014 by which an application for amendment of the written statement is partly allowed.
(2.) The plaintiff/opposite party filed two suits; the first of which relates to a partition of the undivided properties and the ond is a declaratory suit where the plaintiff/opposite party claims absolute right, title and interest in respect of the selfsame subject properties. Both the suits are directed to be heard analogously and being tried together. Alleging that the plaintiff has transferred some portion of the properties to the third parties, an application for their addition was filed which was eventually allowed. Simultaneously, the petitioners also filed an application for amendment of the written statement proposing to incorporate not only certain facts but also counter claim challenging the deed of sale executed by the plaintiff/opposite party in favour of the added parties.
(3.) The Court allowed the portion of the proposed amendment, which relates to elucidation of facts but refused to permit the petitioner to incorporate the counter claim. The reason for such refusal would be evident from the impugned order that the Court held that the relief claimed by way of counter claim is barred by the provisions of Article 58 of the Limitation Act. It is observed that one of the defendants was the attesting witnesses in the deed of sale and, therefore, deriving a knowledge at a subsequent date is incorrect and cannot be believed.;