M.R. Hariharan Nair, J. - The revision petitioner in both these cases is the plaintiff in a suit for specific performance. Through relief A he prayed for a direction to the first defendant to fulfil his part of the contract dated 27.7.1992 and direct the second defendant to execute a sale deed in respect of the plaint schedule property in favour of the plaintiff at the cost of plaintiff. On noticing that the scheduled property was sold away in court auction in another case and purchased by a stranger and that there was little scope for getting specific performance in the circumstances, the plaintiff moved for amendment of relief A aforementioned as follows :

"Allowing the plaintiff to realise an amount of Rs. 95,000/- with interest at 12% from the date of suit till realisation from the second defendant and his assets."

On noticing that the aforesaid application was filed beyond three years from the date of agreement between the plaintiff and the first defendant which is dated 27.7.1992, the court below dismissed the application. According to the court below, the claim for recovery of money had become barred by limitation as on the date of the amendment application, namely, 23.9