( 1 ) BY this application the defendant wants to amend his written statement. He wants to insert the fact that one Shri S. G. Ghosh of M/s W. S. Atkin and Company, representative of the plaintiff visited the factory premises of the defendants at Bombay and inspected a 15 ton crane. Aftermaking a detailed inspection and testing the same, Mr. Ghosh for and on behalf of the plaintiff signed the inspection report certifying that the performance of the crane found satisfactory in all respects.

( 2 ) IT was alleged in the plaint that the plaintiff placed order for two cranes to be supplied by the defendants. On account of the default of the defendant in supplying the said cranes, this suit for specific performance was filed with alternative prayers either the two cranes be supplied or a decree for the amount deposited by the plaintiff with the defendants together with interest and damages be paid. In para 15-Aoftheplaint,ithasbeenspecifica]lypleaded that the plaintiff deputed its Planning Engineering and Management Consultants to inspect the cranes. The said representative visited the factory premises of the defendant at Bombay. They found several defects in the cranes. In the