ARIJIT PASAYAT, J.

( 1 ) THE challenge in this civil revision is to the order passed by the learned Addl. Subordinate Judge, Gajam, Barthampur allowing a prayer for amendment made by the plaintiff.

( 2 ) ). The factual backdrop is as follows :- in a suit for specific performance of contract, an application was filed by the plaintiff for insertion of an averment to the effect that the plaintiff was always ready and willing to perform his part of the contract, and to add that being involved in a series of litigations and in order to liquidate certain statutory liability, an agreement for transfer of property was entered into, to raise funds for legal necessity. The learned Addl. Subordinate Judge came to hold that though the petition was filed at a belated stage, yet considering that the hearing of the suit had not commenced, the amendment was to be allowed. Therefore, he accepted the prayer for amendment, subject to payment of cost of' Rupees 100/ -. The legality of the order is assailed primarily founded on the submissions that the suit being of specific performance of contract, readiness and willingness of the plaintiff to perform his part of the contract, constituted the essence