(1.) THIS revision petition has been filed by the plaintiff challenging the order dated 8.10.2002, passed by the trial court, whereby the application under Order 6 Rule 17, CPC, for amendment of the plaint was rejected.
(2.) THE facts, which are relevant for the decision of the present petition, are that the plaintiff had filed a suit for possession by way of specific performance of the agreement to sell dated 17.3.1992. The suit was contested by the defendant by filing the written statement. The case was at the stage of recording of evidence when the plaintiff filed application under Order 6 Rule 17, CPC, so as to plead that in that in the alternative, the plaintiff was entitled to the refund of the earnest money of Rs. 75,000/- plus Rs. 18,000/- total Rs. 93,000/- plus interest @ 24% p.a. from 17.3.1993 onwards till realisation and in the prayer clause, to plead in the alternative that the abovementioned relief may be awarded to the plaintiff under Sections 21(2) and 21(3) of the Specific Relief Act and Section 22 of the said Act. This application of the plaintiff was contested by the defendant by filing reply. After hearing both the sides and perusing the record, the trial Court dismissed the aforesaid application of the plaintiff, for amendment of the plaint, vide order dated 8.10.2001. Aggrieved against the same, the plaintiff filed the present revision petition in this Court.
(3.) I have heard learned counsel for the parties and have gone through the record carefully.