Judgment

CHINNAPPA REDDY, J. :- The respondent, Pt. Prem Raj who is the plaintiff in Suit No. 340 of 1968 in Delhi High Court, undaunted by four previous unsuccessful attempts to amend his plaint filed yet another application for amendment of the plaint and was finally successful. The first defendant has appealed to this Court under Art. 136 of the Constitution. It is unnecessary to state the facts of the case in any detail, as the necessary facts may be gleaned from a decision of this Court in Prem Raj v. D. L. F. Housing and Construction Pvt. Ltd., (1968) 3 SCR 648, on an earlier occasion when the parties travelled up to this Court in connection with a preliminary objection raised by the first defendant to the original frame of the suit in which the plaintiff asked for two inconsistent reliefs namely a declaration that a certain contract dated June 11, 1958 was void and inoperative against him having been obtained by undue influence, and in the alternative a decree for specific performance of certain terms in the same contract. This Court held that the plaintiff could not, in the alternative, seek specific performance of a contract which he wanted to be declared void. Taking up th