( 1 ) THIS is a defendants revision. The plaintiff filed a suit for specific performance of the contract of sale but failed to get a decree in the trial court. While the appeal was pending in the lower appellate court, the plaintiff made an application for amendment of the plaint introducing the claim that the plaintiff was always ready and willing to perform his part of contract. In spite of the objections of the respondent revisionist, the application was allowed by the impugned order, which is being challenged in this Court.

( 2 ) AT the hearing of the revision, a preliminary objection was taken by Sri R. H. Zaidi, learned counsel for the opposite party and he submitted that the revision is not maintainable as the court which passed the order of amendment was not doing so in exercise of its original jurisdiction. He, in this connection, relied upon two Supreme Court decisions in Vishesh Kumar v. Shanti prasad ( (1980) 2 SCC 378) : (AIR 1980 SC 892) and Vishnu Awatar v. Shiv Autar ( (1980) 4 scc 81) : (AIR 1980 SC 1575 ). In both these cases, the Full Bench decision of Allahabad High court rendered in Jupiter Chit Fund (Pvt.) Ltd. v. Dwarka Diesh (AIR 1979 All 21