1. - The Chief Justice has constituted this Bench for consideration of correctness of the view taken by a Single Bench of this Court in the case of Satar Khan v. Thanwardas (1987 (1) RLR 131). In the aforesaid case the learned Single Judge has taken the view that if the plaint does not conform to the provisions of Section 16(c) of the Specific Relief Act, 1963 (for short hereinafter referred to as 'the Act') the amendment under Order 6 Rule 17 C.P.C. so far as the plaint may conform to the afore aid provision cannot be allowed. The learned Chief Justice has not framed the question, which is to he answered by this Division Bench and before we proceed further in the matter we formulate the point for consideration. If in a suit for performance of contract of sale, the plaint does not conform to Section 16 (c) of the Act inasmuch as it is not averred in the plaint that the plaintiff has always been ready and willing to perform the essential terms of the contract which are to be performed by him. then whether the said plea cannot be allowed to be introduced in the plaint by way of amendment under Order 6 Rule 17 C.P.C.?

2. We may state that after the reference of S.B. Civil R