CHHEDA SINGH Vs. DISTRICT JUDGE FATEHPUR

JUDGEMENT

(1.) A. B. Srivastava, J. Impugned judgement by means of this writ petition are order dated 16. 4. 1980 of the Munsif Fatehpur allowing the amendment of the plaintiffs pleadings and the order dated 21. 11. 1980 of the District Judge Fatehpur affirming the same.

(2.) SUIT filed by the plaintiff-respondent No. 3 was for specific performance of a contract of Sale. The existence of the agreement pleaded and the liability to execute the sale-deed was denied by the petitioners who were defendants in the suit. Hearing in. the case had concluded, it was reserved for judgment when the plaintiff moved an application to amend the plaint to say that plaintiff has always been ready and willing to perform the essential terms of the contract, despite being opposed, the same was allowed by the Courts below.

(3.) FOR the delayed move to amend pleadings is true the costs awarded Rs. 257-was low and considering that the case was being relegated back to the State of additional evidence, the costs should have been more, but now after 17years, in writ jurisdiction the same need not be interfered.