JUDGMENT - Ginwala A. A. J.-The question which arises in this revision application is with regard to the scope of the power as conferred on a Court under the provisos to sub-section (5) of section 21 and sub-section (2) of section 22 of the Specific Relief Act, 1963 (hereinafter referred to as “the Act”) to allow the plaintiff to amend his plaint so as to include a claim for compensation and refund of earnest money in a suit for specific performance of a contract for sale. This question arises on the following facts.

2. The applicant-plaintiff has instituted a suit against the non-applicant defendants for specific performance of a contract for sale of a house. In the plaint as originally filed the plaintiff had merely claimed specific performance of the said contract but had not included the relief for compensation and refund of earnest money. During the pendency of the suit on 9–3-1976 the plaintiff applied for amendment of plaint so as to include the claim for compensation and refund of earnest money on the ground that he did not claim these reliefs in the plaint as filed originally in the belief that these reliefs could be included in “any other relief” in the prayer clause. By t

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