HAJI MOHD ISHAQ Vs. HAJI ALAM DIN

JUDGEMENT

(1.) A suit was filed by respondent against the petitioners before Sub Judge, Rajouri. The following relief was claimed by the plaintiff in the suit: - It is, therefore, prayed that a decree for the specific performance of a part of contract which the defendants are under an obligation and liability to perform specifically in the light of the agreement dated 22nd February, 1989, wherein the defendants voluntarily undertook to pay the outstanding loan case of Mini Bus No. 1625/ JKU to the J&K Bank, Gujjar Mandi, Rajouri Branch and on this condition the plaintiff transferred provisionally the Mini Bus concerned in the complete control of the defendants to ply it on the permitted route from Rajouri to Shahdarasharief and in order to enable them to complete their requisite condition so that after liquidation of loan amount in full, the plaintiff could be able to transfer Mini Bus in favour of the defendants with the prayer of issuance of permanent mandatory injunction against the defendants to deposit the daily routine income in J&K Bank Branch Gujjar Mandi, Rajouri towards the repayment of outstanding loan and it In even of the time the defendants had failed to deposit the Installments regularly......"

(2.) WHILE the suit was going on between the parties, and issues have been framed and an application came to be filed seeking amendment of the plaint in the application. In para 3 of the application, it has been stated: - The plaintiff had not asked for specific performance of contract but due to in advertence, claim for specific performance of part contract has been incorporated in the title of the suit as well as relief para. This had led to confusion. In order to remove this confusion and make the relief claimed by the plaintiff to be more definite and specific, the plaintiff wants to amend the plaint by deleting and amending the following particulars..."

(3.) THE plaintiff wanted to amend the title and also the relief clause of the plaint. The relief which was sought to be incorporated in the plaint by amendment was: - "It is, therefore, prayed that a decree for permanent mandatory injunction directing the defendants to pay the outstanding loan in the case of Mini Bus No. 1625 JKU to J&K Bank Branch Gujiar Mandi, Rajouri, and discharging of their liability arising out of the mini Bus Loan case to the said Bank as under taken by them vide agreement executed by the parties on 222,1989 may kindly be passed in favour of the plaintiff and against the defendants with costs."