( 1 ) THIS application under S. 115 of the Code of Civil Procedure is at the instance of the defendant, and it is directed against order No. 59 dt. Dec. 5, 1984 of the 5th Court of the Assistant District Judge, Alipore. By the said order, the learned Assistant District Judge allowed the prayer of the plaintiff for the amendment of the plaint.

( 2 ) THE plaintiff has filed a suit against the defendant for the specific performance of an agreement for sale dt. May 15, 1977. It is the plaintiffs case that on May 15, 1977, the defendant agreed to sell plot No. 877, Block 'a', Lake Town, Calcutta comprising an area of 6 cottahs 14 chhataks 37 sft. for a consideration of Rs. 75,500/- and accepted from the plaintiff a sum of Rs. 15,001/- by way of earnest money. The plaintiff also paid from time to time a further sum of Rs. 13,000/- to the defendant. Further, the case of the plaintiff is that the defendant agreed to sell the disputed plot in two stages, namely, the front portion measuring 3 cottahs 4 chhataks 35 sft. for Rs. 38,500/- and the rear portion measuring 3 cottahs 10 chhataks 2 sft. for a consideration of Rs. 37,000/ -. Thus, according to the plaintiff the entire