MADHO PRASAD TIWARI Vs. KANHAIYA LAL SAHU

JUDGEMENT

(1.) Impugning the legality and validity of judgment and decree dated 16/07/2003 passed by the First Additional District Judge Bilaspur, in Civil Suit No. 4-A/2001, appellant/defendant No. 1 herein has filed this appeal under Section 96 of the Civil Procedure Code, 1908 (in short "C.P.C."), whereby the trial Court has partly allowed the suit of the respondent No. 1/plaintiff granting the decree for refund of earnest money along with 6% interest per annum. Brief facts in nutshell required for determination of this appeal are as under:

(2.) The aforestated judgment, and decree has been challenged in this appeal, filed by the appellant/defendant No. 1.

(3.) The respondent No. 1/plaintiff has filed an application under Section 151 C.P.C. seeking leave to amend the plaint, particularly the relief clauses by seeking to add alternative relief for refund of earnest money with interest.