1. In a suit for specific performance filed by the petitioner herein, he had taken out an application seeking for amending the plaint by introducing an alternative relief for refund of the sale advance amount. The said application came to be dismissed on the main ground that, such a plea is barred by limitation. Challenging the same, the present revision petition has been filed.

2. The proviso to S.22(2) of the Specific Relief Act, 1963 empowers the Court to entertain an application for amendment of the plaint seeking for alternative relief for refund of the advance amount at any stage of the proceedings.

3. It is the submission of the learned counsel for the petitioner that the phrase “at any stage of the proceedings” would entitle the petitioner to file an application, even after the period of limitation of three years and in support of such a submission, the learned counsel would rely upon the decisions of this Court reported in 2013 7 MLJ 328 ( S.Manoharan vs. Karun