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.

4. Heard Mr. Meenakshmi Sundaram, learned counsel appearing for the revision petitioner and Mr. S. Govindan, learned counsel appearing for the second respondent.

5. Notice to the first respondent has been dispensed with vide Court order dated 16.11.2015.

6. The crucial issue to be decided in this revision petition is, as to whether six months period as stipulated under Section 6 of the Specific Relief Act 1963 will be applicable to bring the amendment in the plaint or 12 years period as enshrined under Article 64 of the Limitation Act will be made applicable?

7. As afore stated, the trial Court has found that this application was not filed within a period of six months as contemplated under section 6 of the Specific Relief Act 1963.

8. In order to answer this issue it is imperative on the part of this Court to extract the provisions of section 6 of the Specific Relief Act 1963 as well as Article 64 of the Limitation Act 1963.

Section 6 of Specific Relief Act :-

6. Suit by persons dispossessed of immovable property:

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, not withstanding any other title that may be set up in such suit.

(2) No suit under this section shall be brought-

(a) after the expiry of six months from the date of dispossession, or

(b) against the government.

(3) No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed.

(4) Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof.

9. Article 64 of the Limitation Act 1963 contemplates that for possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property