SHANKER SINGH Vs. DHARAMDAS

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Additional District Judge No. 1, Jaipur City, dated 15th February, 1978.

(2.) THE respondent plaintiff filed a suit for specific performance of the contract on the averment that the petitioner-defendant had agreed to sell his house for Rs. 32,000/. THE plaintiff alleged that the defendant got in all an amount of Rs. 11,400/ -. THE defendant had also permitted the plaintiff to raise further constructions upon the land and also to bear the expenses of litigation in which some part of the property was involved. THE plaintiff averred that upon new constructions, repairs, and litigation he had to spend a sum of Rs. 50,701/92 p. In this manner the defendant was liable to pay Rs. 62,101/-in case the decree of specific performance was not granted. THE plaintiff, however, failed to add an alternative relief in respect of recovery of the aforesaid amount. THE suit was filed some time in 1971 and an amendment application was made under order 6 rule 17, C. PC. on 16th August, 1977, for amendment of the plaint so as to include the alternative relief for recovery of the aforesaid amount. THE learned Additional District Judge by his impugned judgment allowed the application upon payment of costs of Rs. 100/.