This is to consider an application for amendment of the plaint filed at the instance of the plaintiff, Flora Properties Pvt. Ltd. during the pendency of this appeal.

2. Flora Properties Pvt. Ltd. as plaintiff filed a suit in the 2nd Court of the subordinate Judge at Alipore for :-

a) specific performance of the agreement for sale;

b) recovery of possession of the suit property as fully described in the schedule of the plaint;

c) permanent injunction and for other incidental reliefs.

3. The subject matter of dispute was in respect of a flat being Flat No. 2C on the 2nd floor of Premises No. 18 and 18/1, Sarat Bose Road, Calcutta. In the written statement of the suit, the defendants however, admitted that the plaintiff paid Rs.2,50,000/- to them and they offered refund of the said amount in instalments at the rate of Rs.10,000/- per month to the plaintiff. The Trial Court by the judgment under appeal rejected the prayer of the plaintiff for specific performance of the contract for sale, but held that the plaintiff was entitled to get refund of the aforesaid amount of Rs.2,50,000/- paid by the plaintiff to the defendant in connection with the agreement for sale and another sum of R