THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 415 of 2009 Date of order: 12.11.2010 Between: Lagudu Kondamma and another …Petitioners and Lagudu Narayanamma and others …Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 415 of 2009 ORDER: Unsuccessful plaintiffs had filed an appeal which is pending before the Senior Civil Judge, Narsipatnam. In the said appeal they filed an application for amendment of the plaint which was dismissed by the lower appellate court. Hence this revision. Heard both sides. The main objection on the part of the defendants is with respect to the plea of limitation against the proposed amendment on the ground that the plaintiffs have not taken appropriate steps for amending the plaint seeking relief of recovery of possession, even though they had ample opportunity. The court below has gone into the said aspect of limitation and refused to allow the amendment petition. It is well settled that plea of limitation is a mixed question of law and fact and whether the plea now raised by the plaintiffs for recovery of possession is barred by time or not, is a matter, which can always be decided by the lower appellate court along with the appeal. The rejection of the proposed amendment at this stage on the ground of limitation, therefore, is not sustainable. The impugned order is accordingly set aside, IA No. 102 of 2008 is allowed subject to the lower appellate court having liberty to go into the question of limitation while hearing and deciding AS No. 3 of 2006. The respondents/defendants shall be at liberty to file additional written statement to the amended plaint before the lower appellate Court. Needless to observe that both the parties shall have adequate opportunity to address the lower appellate court on the limitation aspect also. The revision petition is accordingly allowed. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 12.11.2010 KR