M.Y.Eqbal, J.

1. The important question involved in this civil revision application is whether the plaintiff seeking a decree fro specific performance of contract would be entitled to amend the plaint by inserting an alternative relief of refund of money even at the stage where such relief become barred by limitation.

2. The plaintiff-petitioner filed Title Suit No. 101 of 1992 in the court of the subordinate Judge, Ranchi, against the opposite parties claiming a decree for specific performance of contract and for a direction to the opposite parties to execute and register the sale deed in his favour. The said suit was instituted by filing a plaint on 5.2.1992. According to the plaintiff, one Ghisu Lal Jain acting as an agent and broker on behalf of Ram Narain Kedia, father-in-law of defendant No. 1, entered into an agreement for sale of 4 Kathas of land out of Municipal Survey Plot No. 1598 for a sum of Rs. 16, 000.00 and on receipt of Rs. 5, 000.00 as advance on 14.1.1980 besides Rs. 5, 000.00 as commission. On 19.5.1981, the defendant No. 1 executed an agreement in favour of the plaintiff on the death of his father in respect of 4 kathas of land out of M.S. Plot No. 1598