IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE P.T. ASHA, J
M.Sivakumar – Appellant
Versus
Velu – Respondent
O R D E R
The above Civil Revision Petition has been filed challenging the order passed by the Sub Judge, Katpadi in IA.No.1/2024 in OS.No.1069/2022 in and by which the learned Judge had dismissed the application filed by the petitioner for amending the plaint.
2. The brief facts are as follows:-
3.The petitioner herein had filed the suit OS.No.1069/2022 for specific performance of an agreement of sale dated 22.07.2014. When the suit was posted for the defendant's side evidence, The petitioner had filed a petition to amend the plaint to include the alternate relief claiming the refund of advance amount. This petition has been dismissed by the learned Sub Judge, Katpadi on the ground that it is highly belated. Challenging the same, the petitioner is before this Court.
4.Heard the counsel on either side and perused the records.
5.The petitioner/plaintiff had originally filed the suit for specific performance of the agreement of sale dated 22.07.2014 entered into between him and the respondent/defendant. Section 22(1)(b) of the Specific Relief Act would provide that in a suit for specific performance the plaintiff can ask for any relief which also include the refund of earnest money or the
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