K MALLESH Vs. B NARASIMHA REDDY

JUDGEMENT

(1.) THIS is a civil revision petition under Article 227 of the Constitution of India by the unsuccessful plaintiff/petitioner assailing the orders dated 23.4.2013 of the learned VIII Additional District Judge (Judge, Fast Track Court), Rangareddy District made in IA No. 23 of 2013 in OS No. 627 of 2011 filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 ('the Code' for short) requesting to accord permission to amend the plaint by adding Paragraph 7(a) after Paragraph 7 and Paragraph (aa) before Paragraph (b) in Page No. 12 of the plaint. Be it noted that on examination of the sum and substance of the amendment that was sought by the plaintiff, it is clear that the amendment is being sought to enable the plaintiff to claim compensation of Rupees five lakhs as per the provision under Section 21 of the Specific Relief Act, 1963 ('the Act' for short) for breach said to have been committed by the 1st defendant and to direct the deduction of the said amount from the balance of sale consideration payable by the plaintiff as per the terms of the agreement to sell dated 15.12.2010.

(2.) IN this civil revision petition, the parties shall be referred to as the plaintiff and the defendants for convenience and clarity.

(3.) NOW the point for determination is - whether the plaintiff had made out valid and sufficient grounds for according permission to amend the plaint as prayed for in the petition in IA No. 23 of 2013 and as stated in the affidavit filed in support of the said IA? And if so, whether the order impugned is liable to be set aside?