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1983 Supreme(AP) 368

BANDHI VISHNU VARDHANARAO, K.JAYACHANDRA REDDY
DONTHI PADMAVATHAMMA – Appellant
Versus
SUGNNA FERTILIZERS BY ITS MANAGING PARTNER DURGAMMA TEMPLE STREET, DHARMAVARAM. – Respondent


( 1 ) PLAINTIFFS 3 to 5 in O. S. No. 19 of 1974 on the file of the Principal subordinate Judge, Anantapur are the petitiontrs. The suit was filed for specific performance of an aggreement dated January 3, 1973 to supply fertilizer. In the said suit the petitioners did not ask for damages or compensation. Later they filed I. A. No. 473 of 1980 for amendment of the plaint with a prayer that the Court award damages in the event of contract becoming unenforceable. The petition was contested by the defendant contending that the amendment changes the nature of the suit and the alternative reliefs seeking damages is also barred by limitation. The trial court dismissed the petition. Hence the revision.

( 2 ) THE learned counsel for the petitioners submits that the language in Section 21 (5) of the specific Relief Act 47 of 1963 (the Act) is clear in this regard and provides that in a suit for specific performance, damages in the alternative can be asked and the plaint can be amended at any stage of the proceeding and the provisions of the Indian Limitation Act do not bar such a relief being sought.

( 3 ) SECTION 21 of the Act deals with the power of the Court to award compensation. Sub-Cla


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