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ARCHANA PURI
Radha Raman Sharma – Appellant
Versus
Raj Kumar – Respondent
JUDGMENT :
Archana Puri, J.
1. Challenge in the present revision petition is to the order dated 19.07.2022 (Annexure P-7) passed by learned District Judge, whereby, an application filed by the respondent-plaintiff under Order 6 Rule 17 CPC, for amendment of the plaint, at the stage of first appeal, was allowed.
2. The facts germane, to be noticed, are as follows:
3. As per the version of the respondent-plaintiff, the petitioner- defendant, had entered into a registered agreement to sell dated 27.06.2018, with regard to the sale of suit property, for total consideration of Rs.19,30,000/-. Out of the said amount, respondent-plaintiff had paid an amount of Rs.6,00,000/- on 20.03.2015, Rs.8,00,000/- on 17.06.2016, Rs.2,30,000/- on 14.03.2017 in cash and Rs.2,00,000/- was paid through cheque No. 000035 dated 27.06.2017, to the defendant.
4. The stipulated date for execution of the sale deed was fixed as 22.05.2018. On the said date
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....
The plaintiff must demonstrate continuous readiness and willingness to perform a contract for specific performance; failure to do so justifies dismissal of the suit.
The main legal point established in the judgment is that the provisions of Sections 21 and 40 of the Specific Relief Act and Order 6 Rule 17 C.P.C mandate the court to allow the plaintiff to seek an ....
In a suit for specific performance of contract, plaintiff may also claim compensation for its breach in addition to such performance.
Relief of refund in specific performance cases must be specifically claimed in the plaint, or it cannot be granted by the court.
A plaintiff can seek both specific performance and alternative relief for refund in a single suit; jurisdiction is based on the higher relief's valuation under the A.P. Civil Courts Act.
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.
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