Ram Chand Gupta, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 4.11.2009, Annexure P3, passed by learned Additional Civil Judge, Senior Division, Guhla, and for allowing the application filed by Petitioner for amendment of the plaint.
(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully, including the impugned order passed by learned trial Court. Brief facts relevant for the decision of present revision petition are that the Petitioner -Plaintiff filed a suit for recovery of Rs. 1,40,107/ -against Respondents on the ground that Petitioner deals in business of sale and purchase and commission agency in Food Grain. Respondent No. 1 purchased wheat from the Petitioner on various dates. Respondent No. 1 made some payments against wheat purchased and however, did not make full payment. After adjustment, a sum of Rs. 85,203.94 is still due from the Respondents. The suit was contested by Respondent -Defendants. Issues were framed on 9.7.2007. Thereafter an application was filed on behalf of the Petitioner for amendment of plaint incorporating a new para for taking the plea that Respondent -Defendants in their income tax returns have shown the amount payable by them to the Plaintiff in their accounts and the same amounts to acknowledgement of liability and fresh period of limitation starts from such acknowledgement.
(3.) THE application was contested by Respondent -Defendants on the ground that the same has been filed with a mala fide intention and that, in fact, plea was already taken by them in the written statement that claim is time -barred as even as per averment of Petitioner -Plaintiff, date of last purchase is 30.9.2000 and date of last payment is 2.3.2001 and hence, suit has been filed after requisite period of limitation.;