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1986 Supreme(Raj) 799

MOHINI KAPUR
Satar Khan – Appellant
Versus
Thanwardas – Respondent


JUDGMENT

1. In a suit for specific performance of contract, instituted by the plaintiff- petitioner, he moved an application for the amendment of the plaint. This amendment has been refused by the learned Munsif, Kishangarh Bas (Alwar), by his order dated 6.3.1986. This order has been challenged in this revision.

2. In the plaint, the petitioner averred that he is ready and willing to make the payment of Rs. 1,000/-, which is to be paid to the defendant according to the contract and that he is ready to bear all the costs and expenses of the sale- deed and registration charges etc. This paragraph of the plaint was denied by the non-petitioner, who also raised a plea that the suit was liable to be dismissed under Order 7 Rule I I Civil Procedure Code as the plaint did not disclose a cause of action. The trial court framed issues and issue No. 6 related to the objection about non-disclosure of cause of action .This issue was to be argued as a preliminary issue. At this stage the plaintiff petitioner moved an application for the amendment of the plaint wanting to incorpate an averment in the plaint that he has always been ready and willing to perform his part of the contract. On the obj























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