SALVER SHANKARAIAH Vs. KONDOOR LAXMINARAYANA

JUDGEMENT

(1.) This revision petition is directed against the orders passed in I A No 98 of 1984 in 0 S No 30 of 1983 dt. 13-8-1985 on the file of the Court of the District Munsif at Medak. The facts are vefy simple. The present petitioner filed 0 S No 30 of 1983 for specific performance of an agreement of sale and also for injunction pending the suit. Interim injunction was granted in his favour but later on the same was vacated. Thereupon the present petitioner came forward with I A No 98 of 1984 under Order 0 Rule 17 read with Section 151 C P C seeking amendment of his plaint by adding the relief of possession also. That petition was dismissed by the lower Court. Against those orders the present revision is filed.

(2.) The point that arises for consideration is whether the orders ef the Civil Court suffers from any material illegality or material irregularity? The main cause of action is an agreement of sale and the suit is for specific performance of the agreement. If the agreement of sale is upheld and the specific relief is granted necessarily the plaintiff is going for another suit for possession of the property a/so. The Courts a/ways insist against multiplicity of suits. So the relief of possession asked for is only an ancellory or consequential relief to the main relief of specific performance of an agreement of sale. The lower court is clearly wrong when it refused the amendment. The amendment is necessary to avoid multiplicity of suits.

(3.) I therefore, allow this petition and allow the I A No 98 of 1984 on the file of the Court of District Munsif, Medak allowing the amendment as prayed for. However there shall be no order as to costs.