1 IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No.30 of 2008. Date of decision : 07.07.2008. Sh.Ram Krishan …Petitioner Versus Sh.Amar Singh alias Amru ….Respondent Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 For the petitioner: Mr.Anand Sharma, Advocate. For the respondent: Mr.Vikas Bhardwaj, Advocate. Dev Darshan Sud, J. This is the plaintiff’s petition against the order of the learned trial Court dismissing his application under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment in the plaint. The prayer for amendment was disallowed primarily on the ground that the amendment sought, challenging the order dated 5.7.2005 of the Land Reforms Officer as being without jurisdiction, cannot be granted as the plaintiff has not pleaded the date of knowledge. The learned Court holds that Article 100 provides one year as limitation for challenging such an order. 1 Whether Reporters of Local Papers are allowed to see the judgment? 2 The order passed cannot be sustained on any ground. The issue of bar of limitation, can be raised by the defendants at any time in the suit either in his pleading or by way of evidence. It is trite that an issue would be settled on this objection and is to be tried, in accordance with law, after evidence has been recorded. Dismissing an amendment at the threshold, holding that it is barred by limitation, is neither a sound practice nor the established law. In the circumstances, this petition is allowed. The order of the trial Court dated 13th December, 2007 is, therefore, quashed and set aside. A direction is issued that the amended plaint as filed be taken on the record, the defendants be given an opportunity to file an amended written statement raising such objections on any point whatsoever as permissible by law. On the question of limitation, it is needless to observe that that would be decided after issues have been settled. This petition is, accordingly, disposed of. There shall be no order as to costs. Parties to appear before the learned trial Court on 7th August, 2008. The record of the Courts below, if received, be sent back immediately. July 7, 2008 (Dev Darshan Sud) (aks) Judge.