JAYAPRAKASH AND ORS. Vs. VALSA R. AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.

(2.) The plaintiffs have invoked Art.227 of the Constitution of India. They seek interference with an order by which the Court below refused to grant leave to amend the plaint in a suit instituted for recovery of money allegedly paid as advance for a contract for sale. The Court below held that amendment incorporating the plea for specific performance of the contract cannot be granted.

(3.) In answer to the suit for return of advance, the defendants took up the stand that they were prepared to alienate the property to the plaintiffs, but challenged the plaint claim on different other grounds. Plaintiffs then applied seeking leave to amend the plaint by contending that they have suffered damages and also for specific performance of the contract, in the light of the defendants' plea that they were prepared to sell.