R.K.BATTA
UMAKANT B. KENKRE – Appellant
Versus
YASHWANT P. SHIRODKAR – Respondent
R.K. Batta, J. - Both these revisions arise out of the same Order passed by Civil Judge in the same suit. Civil Revision 49/98 is filed by original defendants 1 and 2 and Civil Revision 103/98 is filed by original defendants 3 and 4 (hereinafter referred to as 'defendants'). By impugned Order dated 17th September 1997, the trial Court had allowed the amendment sought by the respondents/original plaintiffs (hereinafter referred to as 'plaintiffs').
2. In order to appreciate the matter it is necessary to give brief back-ground in which this amendment was sought by the plaintiffs. The plaintiffs had filed suit for specific performance seeking to direct the sole defendant, at that stage, to specifically perform the agreement of sale made in June 1981 and to execute sale deeds in favour of the plaintiffs conveying Plot Nos. 6 and 7. No compensation for its breach either in addition to or in substitution of such performance was sought. However, in the alternative, the plaintiffs had sought damages for breach of contract to the tune of Rs. 5 lakhs. By amendment application dated 27th September, 1993, the plaintiffs sought to delete some of the paragraphs of the plaint as well as
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