Case Note & Summary
The dispute arose from a suit for specific performance of a contract for the sale of land filed by the plaintiff against the original vendor and subsequent purchasers. The plaintiff claimed that the vendor agreed to sell his share of the land for Rs. 12,000 and accepted Rs. 2,000 as earnest money but failed to execute the sale deed, instead selling the property to the subsequent purchasers. The trial court ruled in favor of the plaintiff, but the appellate court set aside the decree, allowing an amendment to the plaint regarding the plaintiff's readiness and willingness to perform his part of the contract. The High Court later dismissed the suit, stating that the amendment would displace the defendants' defense. The Supreme Court examined the arguments regarding the amendment's permissibility and the standing of the subsequent purchasers to contest the amendment. The court found that the amendment did not change the cause of action and was necessary to complete the plaintiff's case. The appeal was allowed, restoring the appellate court's order and directing the trial court to expedite the proceedings. No costs were awarded.
Headnote
A) Specific Relief - Amendment of Plaint - Permissibility of Amendment - Specific Relief Act, 1963, Section 16(c) - The court held that the amendment to include readiness and willingness does not introduce a new cause of action and is permissible to rectify oversight. The High Court's refusal to allow the amendment was found to be erroneous, leading to the restoration of the appellate court's order allowing the amendment (Paras 1-4).
Issue of Consideration
Whether the amendment of the plaint to include averments under Section 16(c) of the Specific Relief Act was permissible.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the order of the first appellate court allowing the amendment of the plaint. The trial court was directed to expedite the proceedings.
Law Points
- Specific performance
- amendment of plaint
- readiness and willingness
- bonafide purchasers
- cause of action
