N.BALASUBRAMANIAN Vs. N.KAVITHA

JUDGEMENT

(1.) This revision is challenging the order of the Trial Court dismissing the application in I.A.No.142 of 2012 in O.S.No.125 of 2003, filed by the revision petitioner / plaintiff seeking leave to amend the plaint to include the prayer for refund of advance in the suit for specific performance.

(2.) The plaintiff filed a suit for specific performance of the agreement, dated 04/10/2001. In the Written Statement the defendants have set up title in a temple. The defendants filed an application seeking to implead the temple to the suit. The said application was allowed by the trial Court and the same was challenged by way of revision by the petitioner / plaintiff, the said revision came to be dismissed on 22/2/2011. After dismissal of the revision, the plaintiff came up with the instant application seeking to introduce / include the prayer for refund of advance. This was resisted on the ground that the application is barred by limitation. The learned trial Judge relied upon the Judgment of this Court reported in 2013(6) CTC 801 (S.Manoharan Vs. Karunamurthy), dismissed the application as the prayer for refund of advance is barred by limitation. Aggrieved, the plaintiff has come up with the revision.

(3.) I have heard Mr.P. Thiagarajan, learned counsel appearing for the petitioner and Mr. Jameel Mohammed learned counsel appearing for the first respondent and Mr.G.Mathavan, learned counsel appearing for second respondent.