1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.8/1998. Rajasthan Financial Corporation. VERSUS Chhagan Lal Meena and Others. 02.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Alok Garg, for the appellant. Mr.Ghanshyam Brijwasi, for the respondents. ***** Heard learned counsel for the parties. It is not in dispute that so far as the issue No.2 with regard to the suit having been filed within the limitation period is concerned, the said issue was decided against the appellant. Learned counsel for the parties submit that the aforesaid decision is now covered by the decision of this court in the case of Rajasthan Financial Corporation Vs. Banwari Lal and Others reported in RLW 1997(1) Raj. 462. It is submitted that in view of the above, the matter requires to be remanded to the learned court below for decision afresh. Learned counsel for the respondent submitted that the learned trial court may also be directed to re- cast and amend the issue No.1 in so far as the plea 2 which was raised by the defendant-respondent with regard to the surety was in respect of the defendant No.3 and as such the issue may be ordered to be amended to read as follows:- "È या ूितवादी संख् या 2 व 3 ने ऋण के सम् बन् ध मे जमानत दी ?" Learned counsel for the appellant has no objection to the same. In view of the above, the learned trial court would re-hear an decide the aforesaid issue as amended by this court after affording opportunity to the parties to lead evidence on the same. Similarly so far as the Issue No.3 is concerned, the learned trial court would afford an opportunity to both the parties, as agreed, for leading evidence in support of their rival claims and decide the Issue No.3 afresh in accordance with the evidence led by both the parties. Learned counsel for the respondent has submitted that the defendant-respondent has raised a specific plea in para 8 of the written statement with regard to the fact that the defendant is not liable. It is submitted that an issue, based upon the pleadings in para 8 of the written statement ought to have been framed. Learned counsel for the appellant submitted that he has no objection if an issue based upon the pleadings made in para 8 of the written statement is 3 framed by the learned trial court. In view of the above consensus, the learned trial court is directed to frame an issue based upon the pleadings raised in para 8 of the written statement by the defendant and after affording an opportunity to the parties to lead their evidence on the same, the learned trial court shall decided the said issue in accordance with law. In view of the aforesaid, the appeal stands disposed of, as indicated above. The parties are directed to appear before the learned trial court on 27.04.2009. The Registry is directed to return the record of the case to the learned trial court so as to reach the same before 27.04.2009. No order as to costs. (DALIP SINGH),J. Solanki DS, Jr.P.A.