KUTBUDDIN RIYAZUDDIN SHAIKH Vs. SUBHASH RANGNATH WADANE

JUDGEMENT

(1.) IN a suit for specific performance, prayer for the alternate relief of refund of consideration in the event the performance is refused was not made. Subsequent application filed by the defendant to amend the written statement adding the prayer for refund of consideration was rejected. This order of the Joint Civil Judge, S. D. , Osmanabad dated 10-7-1989 in R. C. S. No. 145 of 1985 has been challenged in this Civil Revision Application.

(2.) LEARNED trial Judge dismissed the application observing that the claim of refund of the consideration has now become time barred, therefore, the amendment should not be allowed. It is true that when a relief has become time barred because of the law of limitation, an amendment claiming that relief should not normally be allowed. The amendment in question is governed by a special provision in the statute.

(3.) SECTION 22 of the Specific Relief Act, 1963 reads as under : 2. Power to grant relief for possession, partition, refund of earnest money, etc.-