AI Structured Summary
Not yet generated for this judgment
Judgment
R.S. Pathak, C.J.—This is a Defendant''s revision petition u/s 115 of the CPC against an order of the learned Subordinate Judge framing an issue in a suit on the plea of limitation.
On an examination of the record of the case the learned Subordinate Judge came to the conclusion that prima facie the suit was within limitation. Accordingly, throwing the onus on the Defendant he framed an issue in the following terms:
Whether the suit was not within limitation.
There is no doubt, as was held in Sri Raja Kalyani Prasad Singh Deo v. The Borrea Coal Co. Ltd. and Ors. AIR 194 6 Cal 123. that the burden of proving that a suit is within limitation lies on the Plaintiff. But, in my opinion, if on the face of the record it appears clearly that the suit is within limitation, the burden of proving the contrary shifts to the Defendant, who raised the plea of limitation.
I see no reason why this Court should interfere in the exercise of its revisional jurisdiction with the order of the trial court.
The revision petition is dismissed. In the circumstances there is no order as to costs.