M P RAJASEKHARAN NAIR Vs. RAJU

JUDGEMENT

(1.) The question that has come up for consideration in this case is as to whether plaintiff could be permitted to amend the plaint and incorporate the averment regarding plaintiff's readiness and willingness to perform his part of the contract as provided under S.16(c) of the Specific Relief Act and whether amendment if allowed would go against the proviso to O.6 R.17 C.P.C.

(2.) Plaintiff instituted the suit for specific performance in the year 1999. The case was included in the list for trial on 5.12.2002. On the said day an application under O.6 R.17 read with S.151 CPC was filed for amendment of the plaint so as to incorporate the pleading of readiness and willingness on the part of the plaintiff in getting the sale deed executed. Objection was filed by the defendant contending that if the amendment is allowed that would change the character of the suit and would cause prejudice to him. Contention was also raised that such an amendment cannot be allowed in view of amended provisions of O.6 R.17 of the CPC. We may extract the amended provisions of O.6 R.17 for easy reference.