RAMSWAROOP SINGH Vs. BIJOY KUMAR SINGH

JUDGEMENT

(1.) This civil revision petition has been filed against the refusal of the Court below to allow amendment of the plaint.

(2.) The plaintiffs filed a petition for amendment of the plaint to the effect that the original plaintiff was ready and willing to perform his part of the contract. This amendment was pressed after the close of the case of the defendants. The delay in filing the amendment petition was not explained by the plaintiffs.

(3.) It is a settled law that if a party fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, then specific performance of the contract cannot be enforced in favour of a plaintiff. It is an admitted position that this averment was not mentioned in the plaint. It is also an admitted position that there is evidence to the effect that the original plaintiff was ready and willing to perform his part of the contract. On the basis of the said evidence, the plaintiffs now intend to amend the plaint.