( 1 ) THE plaintiff has instituted this suit, seeking a decree of specific performance of agreement/order dated 12. 6. 1973 /9. 8. 1973, directing the defendants to deliver 30/8 ton class-3 crane and 15 ton class-3 crane, after accepting the sum of Rs. 6,85,000. 00 (Rs. six lacs eighty five thousand only), being the balance of price agreed. In the alternative, the plaintiff prays for a decree to be passed in favour of the plaintiff and against the defendants in the sum of Rs. 8,02,925. 00 (Rs. eight lacs two thousand nine hundred twenty five only) together with pendent lite interest at 18% or such rate as the Court deems fit. The sum of Rs. 8,02,925. 00 includes : (i) Rs. 5,50,000. 00 being the difference in market price of the cranes ordered and the agreed price between the parties, (ii) Rs. 50,000. 00 on account of loss/damage to the plaintiff by non-delivery, (iii) Rs. 1,25,000. 00 being advance amount paid by the plaintiff to the defendants, and (iv) Rs. 77,925. 00 interest @ 18% p. a. on the above amount of Rs. 1,25,000. 00 till the date of filing of the suit.

( 2 ) DURING the course of proceeding in the suit, amendment of plaint was permitted. An application for