SUDHIR KUMAR VERMA Vs. ASHOK KUMAR SAH

JUDGEMENT

(1.) THE plaintiff -petitioner has filed the present Civil Rev sion under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code) against the order dated 5 -2 -2001, passed by the Subordinate Judge V/s. Patnacity, in Title Suit No. 40 of 1997, rejecting his prayer for amendment of the plaint.

(2.) THE facts necessary for disposal of the point involved in this case are that the plaintiff -petitioner filed a suit for specific performance of contract against defendant -opposite parties No. 1 and 2 on the assertion that defendant -opposite party Mo. 1 has entered into an agreement on 10 -1 -1995 for sale of the property detailed in the plaint on consideration amount of Rs. 2,25,000, out of which he had already paid Rs. 1,70,000. The suit was filed on 24 -9 -1997. During the pendency of the suit on 6 -1 -2001, the plaintiff filed a petition for amendment of relief No. 1 in the plaint. The proposed amendment was: in case there is any legal difficulty in decreeing the suit for specific performance of contract of sale, as prayed for in the suit, in that case a decree for refund of Rs. 1,70,000 paid by the plaintiff to the defendant be passed with interest and/or compensation.

(3.) THE defendant -opposite parties resisted the prayer of amendment on the ground that on 6 -1 -2001 when the prayer for amendment was made, the claim for refund of money was barred, by limitation under the provisions of the Limitation Act. The trial Court, after hearing the parties, rejected the prayer of the plaintiff -petitioner for the proposed amendment on the ground that the relief sought to be amended was barred by limitation on the date of filing of the application for amendment.