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ANIL KSHETARPAL
Vinay Kumar Sood – Appellant
Versus
Amarjit Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
In this revision petition, the interlocutory order passed by the First Appellate Court for permitting the plaintiffs to amend the plaint in order to seek an alternative relief of refund of earnest money in the suit already filed for specific performance of the agreement to sell is assailed by defendant No.2.
2. The plaintiffs' suit for the grant of confirmation of possession by way of specific performance of the agreement to sell was dismissed by the Trial Court, which was challenged in appeal. During the pendency of the appeal, the plaintiffs filed an application for claiming an alternative relief in terms of section 22 of the Specific Relief Act, 1963 (hereinafter referred to as "the 1963 Act") which was allowed by the First Appellate Court.
3. The learned counsel representing the petitioner submits that the application was filed after a considerable delay and the plaintiffs would be deemed to have omitted to seek the aforesaid relief. He submits that at this stage, it was not appropriate for the First Appellate Court to permit the plaintiffs to amend the plaint as the same was filed beyond the prescribed period of limitation.
4. This Court has cons
Section 22 of the Specific Relief Act allows plaintiffs to amend their plaint to seek alternative relief, even after the limitation period, to prevent multiplicity of litigation.
Section 22 of the Specific Relief Act permits amendments to include claims for refund of earnest money at any stage, overriding limitations in the CPC.
Section 22 of the Specific Relief Act allows the plaintiff to seek the refund of earnest money or deposit at any stage of the proceeding and overrides the Code of Civil Procedure in permitting amendm....
(1) Agreement to Sell – Suit for Specific Performance – Plaint may be amended at any stage of proceedings to enable plaintiff to seek alternative relief, including that of refund of earnest money and....
Relief of refund in specific performance cases must be specifically claimed in the plaint, or it cannot be granted by the court.
In specific performance suits, if all necessary parties do not sign the sale agreement, specific performance may be denied; however, refund of earnest money can be sought if properly pleaded, even th....
The court held that a request for amendment not made in the original pleading cannot be granted, emphasizing the necessity of specificity in claims under the Specific Relief Act.
Advocates appeared :For the Appellant : M. M. Bohara For the Respondent : Harshad Wadnekar
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