SHRI DEVA RAM Vs. SMT. LAJYA WANTI

JUDGEMENT

(1.) On Jan. 15, 1980, Smt. Lajya Wanti, the respondent herein, brought a suit for specific performance of the agreement to sell plot No. D-874, situate in New Friends Co-operative House Building Society, Mathura Road, New Delhi. In the alternative she claimed a decree for recovery of Rs. 5000.00Needless to say that the suit was resisted by the petitioner Deva Ram.

(2.) On March 22, 1983 the plaintiff moved an application under Order 6 Rule 17 read with Sec. 151, Civil Procedure Code, for permission to amend the plaint. By way of amendment she wanted to add para 9-a which is as follows:-

(3.) She also wanted to amend clause 'C' of para 15, (prayer clause) by substituting the amount of Rs. 10,000.00 instead of Rs. 5000.00which lie had earlier claimed by way of alternative relief. This application was opposed. The learned Additional District Judge observing that the defendant in the written statement had urged that the plaintiff' was not entitled to specific performance but at best could seek recovery of Rs. 10,000.00and that the nature of the suit would not be materially altered by the present amendment, allowed the same by his order dated April 8, 1983. Feeling aggrieved the defendant has filed the present revision petition. At the outset I may mention that Mr. Harnam Dass, learned counsel for the respondent, does not press the amendment relating to clause 'C' of para 15, that is, the prayer clause of the plaint.