IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.310 of 2008 SONEY LAL CHOUDHARY S/o- Ram Lakhan Choudhary, resident of village- Sherpur Dhampur @ Dhepur P.O. Dhepura, P.S. Dlasingsarai, District- Samastipur ………………. Defendant-Petitioner Versus VINAY KUMAR CHOUDHARY S/o-Dinkar Choudhary resident of village-Sherpur Dhampur @ Dhepura P.O. Dhepura, P.S. Dalsingsarai, District-Samastipur ……………… Plaintiff, Opposite Party ----------- 3 13.05.2009 For the reasons mentioned in I.A. No. 2682/09, the delay in filing of this review application is hereby condoned and to that extent I.A. No. 2682/09 is allowed. Coming to the merits of this review application, this court would find that there is no apparent error on the face of record in the order of this Court dated 16.9.2008 in C.R. 1560 of 2008. The plea of the counsel for the petitioner that such amendment in plaint allowed by the Court below was bad because of the amended prayer was barred by limitation, can hardly be a ground for review of the earlier order of this Court. The plea of limitation is always a mixed question of fact and law which can be gone into by the trial court in the light of evidence on record. Normally no prayer for amendment in plaint can be refused on the ground of its being barred by 2 limitation. In any event when the defendant petitioner had himself taken shelter of a deed of gift dated 25.10.1994, for avoiding the share of the family members in a partition suit, the amendment sought by the plaintiff questioning the validity of such deed of gift cannot be said to be barred by limitation or even belated specially when the issue in the suit was framed only on 5.3.2008 after its being transferred from the earlier court in 2007. Moreover, the order of this Court approving amendment in paint cannot be questioned on merit in this review application as the province of appeal and review are totally different. That being so, this Court does not find any merit in this Civil Review application which must be and is hereby dismissed. Bibhash (Mihir Kumar Jha, J. )