Dr. T.N. Singh, J. -- 1. Defendant has appealed, being aggrieved by the judgment and decree allowing plaintiff's claim and cancelling the sale-deed dated 13.6.1984. Plaintiff/respondent had impugned that sale-deed being void as consideration, though stated as paid there under, had not been paid in fact.

2. During the course of hearing of the appeal, prayer is made by defendant/appellant for leave to amend the written statement by adding para 12 to include the averment that without prejudice to other defence claimed if the Court finds and concludes that consideration had not in fact been paid, then, direction be made to the plaintiff/respondent to accept the same because merely on the ground of non-payment of consideration, the sale-deed could not be cancelled. That prayer is seriously opposed for valid reason, but that is to be disposed of at the outset before dealing with the appeal on merits.

3. Shri K.K. Singh, counsel appearing for the respondent, cited Modi Spinning & Weaving Mills Co. (AIR 1977 SC680) to submit that an entirely new case cannot be set up by way of amendment as would destroy any valuable right accrued to the plaintiff. Their Lordships held in that case th