(Dr. D.Y. Chandrachud, J.)

This appeal arises from a decision of a Learned Single Judge dated 6 March 2012 by which an amendment has been allowed to the plaint in a suit for specific performance. By the amendment, the Plaintiff seeks to claim, in addition to specific performance, damages at the rate of Rs.500/- per day together with interest. The amendment also seeks to set up an alternate plea that in the event the Court holds that specific performance cannot or ought not to be granted, then in that event, the Defendant be directed to refund the amount paid by the Plaintiff together with interest and an award of compensation be passed in lieu of specific performance.

2. The suit for specific performance instituted by the Plaintiff is of 1988. The Plaintiff claims specific performance of an agreement to sell dated 7 July 1976 in respect of the premises of a shop in a Shopping Complex. The suit which was instituted on 6 July 1988 is to be tried. A Chamber Summons for amendment of the plaint was taken out by the Plaintiff-Respondent inter alia seeking to raise a claim for the following reliefs:

“D. Change prayer “(b)” to “(b)(i)” and at the end thereof add the following “and