LAXMI DAS Vs. RAMOTAR SHARMA

JUDGEMENT

(1.) THE Civil Revision application has been filed against the order dated 3.2.1997 passed in Title Suit No. 68 of 1987 whereby the petition filed on behalf of the plaintiff -Opposite party for amendment of the plaint has been allowed.

(2.) THE plaintiff -Opposite party filed the above mentioned suit for specific performance of contract. The defendants -petitioriers filed written statement denying the claim of the plaintiff -Opposite party. The plaintiff filed a petition for amendment of the plaint. The proposed amendment was 'that the - plaintiff was all along willing and ready to perform his part of the contract whereas the defendants had neglected and avoided deliberately to perform their part of contract'.

(3.) THE learned counsel for the petitioners contended that the court below has committed error in alllowing the amendment petition as the amendment was filed at a belated stage when the argument of the parties was going on. Besides, it is violation of Section 16 (c) of the Specific Relief Act and the suit may be dismissed on this score alone. The valuable right accrued to the petitioners would be taken away be such amendment. Besides, it would amount to introduction of new cause of action, which cannot be allowed at this stage. On the other hand, learned counsel for the Opposite party contended that the proposed amendment was not introduction of a new cause of action. The necessary ingredients of Section 16 (c) of the Specific Relief Act were not completely absent in the plaint. The proposed amendment is merely a clarification, which can be allowed at any stage.