1. The writ petition is under Article 227 of the Constitution of India wherein order dated07.08.2017 passed in Title Suit No.06 of 2007 by Civil Judge (Senior Division)-II, Giridih has been questioned whereby and whereunder a petition filed under Order VI Rule 17 making therein prayer for amendment for inserting alternate relief to the effect

“that in case, the court is of the opinion that the lands of Plot No.935 and 1006 were wrongly included in the agreement for sale and the defendant had already sold 7 decimals of land in plot no.937 and 2 decimals plot no.940 before the agreement for sale then in that case such area of lands be deleted from the total area in the suit and the defendant be directed to transfer the remaining area after receiving balance consideration money from the plaintiff @ 15,500/- per katha.”

The same having been allowed, this writ petition has been filed under Article 227 of the Constitution of India.

2. The brief facts of the case is that the plaintiffs/respondents have filed a title suit No.06 of 2007 praying therein for decree of specific performance directing defendant/petitioner to execute the register the sale deed with respect to the suit land and to receive the balance consideration amount of Rs.30,45,833.00/- and accordingly the decree possession be given to the plaintiffs/respondents.

3. The case of the plaintiff is that the parties have entered into the registered agreement on 14.02.2005 for selling land in Khata No.1 pertaining to Plot No.927, 928, 931, 933, 1090, 1092 and 1006 and selling of Khata No.11 pertaining to Plot No.930 having total area 4.00 acres of Mouza Koldiha, P.S. Giridih and District-Giridih. It was agreed that the land will be sold out for consideration amount of Rs.37,45,833/- i.e. @ Rs.15,500/- per Kathaa and on the same day, the plaintiffs/respondents have paid RS.5,00,000/- as earnest money to the petitioner, which was accepted by him. It was also agreed that whenver the plaintiffs/respondents will tender the balance consideration amount of Rs.32,45,833/-, the petitioner shall execute and register the sale deed with respect to the suit land. The date of agreement was for a period of 6 months from the date of agreement but having failed in following the terms and conditions of the said agreement, the suit has been filed for specific performance of the agreement.

4. The trial has proceeded, evidence has been laid at that juncture, petition under Order VI Rule 17 has been filed by the plaintiffs/respondents praying therein:

“after the end of para 16(i) of the plaint a sub para (i) (a) be added as follows:-

In case the court is of the opinion that the lands of Plot nos. 935 and 1006 were wrongly included in the Agreement of sale dated 14/2/2005 and the defendant has already sold 07 decimals out of 46 decimal in plot nos.937 and 02 decimals out of 40 decimals in Plot no.940 before the Agreement of sale to Ramchandra Gope in that case, the area of the said plot nos.935 and 1006 be excluded from the total area of 4.00 acres of land in suit and area 07 dec. out of 46 dec. in Plot no.937 and 02 dec. out of 40 dec. in Plot no.940 be deducted from the total area in suit and accordingly the defendant be directed to transfer the remaining area measuring 3.37 acres in favour of the Plintiffs on receiving balance consideration money from the Plaintiffs at the rate of Rs. 15, 500/- per Katha within time fixed by the court.”

The said amendment having been allowed, this writ petition has been filed by the petitioner/defendant.

5. The ground has been taken in assailing the aforesaid order that:-

(i) that the petitioner deliberately after lapse of about 10 years has filed the said application inspite of the fact that the said fact was within their knowledge.

(ii) the petitioner has failed to show before the trial Court the diligence that what led him not to file such application within time.

(iii) reference of Section 29 of the Specific Relief Act, 1963 has been made and referring to the s