RAJENDRA NATH SAHA Vs. SARASWATI PRESS LTD

JUDGEMENT

(1.) This is an application for amendment of the plaint. It raises the important question whether a plaint for specific performance of a contract can be converted by amendment into a plaint for damages for breach of contract.

(2.) The suit was instituted on or about 17-12-1946. The plaint claims specific performance of an agreement dated 31-7-1946, under which the plff. Agreed to sell the deft. premises Nos. 3A, 3B & 3/1, Maharani Swarnamoyee Road for a sum of Rs. 2,30,000/-. There is no pleading in the plaint for damages for breach of contract but there is a claim for compensation in addition to or in substitution of the claim for specific performance.

(3.) The amendment that the plff. Now seeks in his application made on the petition affirmed on 19-6-1950 is to delete the averment of readiness & willingness & to delete the claim for specific performance & to substitute a claim for damages simpliciter for breach of the agreement. The reason put forward for this amendment is that the property in suit has been requisitioned by the Govt. pending suit with the result that the pltt. Himself can no longer specifically perform the agreement to convey the property.