RAM CHANDRA SHASHTRI Vs. MANOHAR LAL GUPTA

JUDGEMENT

(1.) This application has been filed by the defendants against the order dated 9 -4 -1981, by which the court below allowed the plaint. The plaintiff -opposite party filed a title suit (No, 70 of 1977) for a decree of specific performance of contract and in the alternatively for a money decree to the tune of Rs. 8,160/ - as per the account shown in the plaint.

(2.) The case was that the defendant No. 1 was in need of money for the marriage of his daughter and also his son and hence he entered into contract with the plaintiff to sell the property in question for a sum of Rs. 8,500/ - and, in pursuance of the contract, on 23 -5 -1974, the plaintiff advanced a sum of Rs. 6,000/ - to defendant No. 1 out of the aforesaid consideration money. The plaintiff's further case was that defendant No. 1 did not execute the sale deed on repeated demands, which necessitated the filing of the suit. The defendants -petitioners contested the suit and denied all the allegations made in the plaint.

(3.) Thereafter, the suit was placed for hearing. The plaintiff examined all his witnesses including himself and closed his case. Thereafter, the defendants started leading their evidence. At that stage, on 4 -4 -1981 the plaintiff filed an application for amendment of the plaint and prayed that a new paragraph, as paragraph, No. 13(A), be added after paragraph 13.