GITA MITTAL, J.

( 1 ) THIS application has been filed by the plaintiff under Order 6 Rule 17 of Code of Civil Procedure, 1908 seeking leave to incorporate an alternative prayer in the suit for specific performance. In order to appreciate the issues raised in the application, it is necessary to examine the plaint as laid and certain orders which have a bearing on the matter.

( 2 ) THE plaintiff has filed the present suit for specific performance of an agreement to sell dated 5th December, 1995. The plaint as laid contains specific averments laying the foundation for a claim in alternative inasmuch as the plaintiff in the plaint has stated thus:-

"14. It is, therefore submitted under the above circumstances: (a) That the defendants are liable to be retrained by way of permanent injunction from disposing of or renting out or parting with possession of the said shop and from in any way creating any encumbrances, agreements, transfers, conveyance/sale of the said shop in favour of any third party till the decision of this court. (b) That the plaintiff to have the sale deed of the said premise executed by the defendants in his favour by a decree for specific performance. (c) If for any