IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5549 of 2010 Date of Decision: 31.08.2010 Sukhbir Singh and others .... Petitioners Versus Sharanjit Singh and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Om Pal Sharma, Advocate for the petitioners ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 12.8.2010 passed by Civil Judge (Jr. Divn.) Ludhiana whereby application of the plaintiff-petitioner moved under Order 1 Rules 10 read with Order 6 Rule 17 CPC was rejected. The brief facts of the present case are that plaintiff initially filed suit for recovery of Rs. 10 lacs as damages in the year 1997. Now in the year 2009, plaintiff wants to implead Head Office of the Canara Bank as defendant No. 4 as well as wants to amend the figure in the plaint by deleting Rs. 10 lacs and by substituting it as Rs. 28 lacs. Undisputedly suit for recovery of damages can be filed within three years from the date cause of action arises in favour of the plaintiff. Since initially suit for recovery of Rs. 10 lacs was filed in the year 1997, hence, suit for recovery of Rs. 18 lacs in the year 2009 is hopelessly time barred. Plaintiff can not be permitted to raise the claim in the pending suit which is already time barred. C.R. No. 5549 of 2010 2 Since Canara Bank, Branch Office is already defendant No. 3, hence, trial Court has rightly held that Head Office is not a proper party. No interference is called for. Petition is dismissed. (ALOK SINGH) 31.08.2010 JUDGE reena