(1.) This application has been filed by the plaintiff under Order 6 Rule 17 of Code of Civil Procedure, 1908 seeking leave to incorporate an alternative prayer in the suit for specific performance. In order to appreciate the issues raised in the application, it is necessary to examine the plaint as laid and certain orders which have a bearing on the matter.
(2.) The plaintiff has filed the present suit for specific performance of an agreement to sell dated 5th December, 1995. The plaint as laid contains specific averments laying the foundation for a claim in alternative inasmuch as the plaintiff in the plaint has stated thus:-
(3.) In the para relating to the valuation of the suit for the purposes of the court fee and jurisdiction, the plaintiff has stated thus:-