K.Kannan, J.

1. I. Scope :-

An application for amendment of written statement in a Suit for Specific Performance was allowed by the Courts below. The plaintiff is the revision petitioner before this Court. II. Facts giving rise to controversy :-

2 The Suit for Specific Performance had been filed to enforce an agreement dated 07.04.1998 under the terms of which the defendant had agreed to sell the property in Khasra No. 845 of an extent of 2 kanals and 19 marlas situated in village Daulatpur, Tehsil Pathankot. The execution of the agreement is an admitted fact. After the suit was instituted, defendant filed a written statement on 05.12.1998 and on the same date moved an application for direction to deposit the balance of sale consideration without prejudice to the contentions of the written statement. The written statement itself conceded the execution of the agreement but after disputing the plaintiffs readiness and willingness to perform his part of the contract, the defendant had stated that if the plaintiff would be prepared to act as per the terms of document and if the balance of the sale consideration had been paid he would be prepared to execute the sale deed. The Co