Hon’ble Manoj Kumar Gupta, J.—The core issue in this petition is whether an amendment in the plaint seeking a relief which is alleged to be barred by limitation, should be allowed or not; should a plea relating to bar of limitation be decided at the stage of dealing an application for amendment; or should it be left for being decided in the suit, after allowing the amendment application.

2. The petitioner had instituted Original Suit No. 835 of 1988 against the deceased defendant Roshan Singh (for short ‘defendant’) for restraining him from alienating the suit property in favour of any person during subsistence of agreement for sale dated 26.5.1986 in favour of the plaintiff. It was alleged that defendant No. 1 had executed a registered agreement for sale in favour of the petitioner in respect of the suit property. One of the conditions of the agreement was that the defendant will obtain requisite permission from the competent authority under the Ceiling Act and clearance certificate from the Income Tax authorities and thereafter, inform the petitioner, who will within three years of receipt of the intimation, obtain a sale-deed. It was alleged that the deceased defendant h