Ext.P3 IA was filed before the I Additional Sub Court, Kozhikode in OS No.291/2010 by seeking the amendment of the written statement under Order VI Rule 17 of the Code of Civil Procedure, 1908(for short 'the Code'). The suit is one for specific performance of contract for sale of an immovable property. According to the plaintiff, the defendant had agreed to execute a sale deed in respect of the plaint schedule property for a total consideration of Rs.85 lakhs and she had obtained an amount of Rs.20 lakhs by way of part of consideration from the plaintiff through cheques. In spite of demand, the defendant had not cared to execute the sale deed as agreed and hence the suit.

2. The defendant filed a written statement admitting the transaction. The agreement stands admitted and the part of consideration received is also admitted. The contention resorted to by the defendant in the written statement is that the time is the essence of contract and during the period of agreement, in spite of demands, the plaintiff was not ready and willing to perform his part of the contract for getting the sale deed executed by paying the balance consideration. Thereafter, it seems that after the e