AMRIK SINGH Vs. KAKO BAI

JUDGEMENT

(1.) CM No. 8764-C of 2008 This is an application under Order 6 Rule 17 (2) read with secti1on 151 of the Code of Civil Procedure (for short the Code) for the amendment of the plaint in order to claim alternative relief, to claim decree qua sale of share of respondents No. 1 and 2 who were admittedly party to the agreement which stands duly proved, to have been executed.

(2.) SUIT for specific performance filed by the plaintiff/appellants has been ordered to be dismissed, as they failed to take alternative plea of specific performance qua share of respondents No. 1 and 2.

(3.) IN support of the application for amendment learned counsel for the appellants has placed reliance on the judgment of Hon'ble Supreme Court in the case of Surinder Singh v. Kapoor Singh (Dead) through LRs. and Ors., 2005(3) RCR(Civil) 268 : (2005)5 SCC 142, wherein Hon'ble Supreme Court has been pleased to lay down as under :-