G K PARTHASARATHY Vs. K GOPAL

JUDGEMENT

(1.) This Memorandum of civil revision has been directed against the fair and decreetal order dated 05.10.2015 and made in the Interlocutory Application in I.A.No.558 of 2015 in O.S.No.834 of 2010, on the file of the learned I Additional District Munsif, Tiruchirapalli dismissing the application on the ground that the proposed amendment is barred by time as contemplated under Section 6 of the Specific Relief Act.

(2.) The revision petitioner herein is the plaintiff, where as the respondents are the defendants. The revision petitioner has filed a suit in O.S.No.834 of 2010 on the file of learned I Additional District Munsif, Tiruchirapalli as against the respondents seeking the relief of permanent injunction restraining the respondents from trespassing or interfering with their peaceful possession and enjoyment of the suit property except otherwise than by due process of law. The respondents have also resisted the suit by filing their written statement.

(3.) Under this circumstance, the revision petitioner/plaintiff has taken out an application in I.A.No.558 of 2015 under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure seeking permission to amend the plaint for recovery of possession. This petition was vehemently resisted by the respondents on the ground that the petition is not legally maintainable as it was filed on 25.08.2015, i.e. after a period of three years. The learned trial Judge after hearing both sides, has dismissed the said application on 05.10.2015 only on the sole ground that the application itself is barred by limitation as contemplated under Section 6 of the Specific Relief Act 1963 and as per section 6 of the Specific Relief Act if any person is dispossessed without his consent from the immovable property otherwise than in due course of law, he may file a suit for recovery of possession, but no suit shall be filed after the expiry of six months from the date of dispossession. Having been aggrieved by the impugned order, the respondent being the plaintiff stands before this Court with this civil revision.