K. L. Shrivastava, J. -

l. This revision petition u/s 115 of the Code of Civil Procedure (for short 'the Code') is directed against the order dated 3-9-85 passed by Shri S. K. Pandey, Additional Judge to the District Judge, Indore in C. S. No.47-A of 1985 whereby be has allowed the respondents' application filed on 25-6-83 for amendment of the plaint seeking thereby to incorporate the relief of mesne profits, in the suit for specific performance of contract to sell immovable property.

2. Circumstances giving rise to the petition are these. Respondents instituted the aforesaid suit against the petitioners on 13-7-79 for specific performance of contract dated 24-5-76 according to which the petitioners bad agreed to sell the house in dispute to them.

3. By the impugned amendment the N. As. have sought to incorporate a claim for mesne profits at the rate of Rs. 1000/- per month as they have been deprived of the possession of the house in question. The date from which mesne profits are claimed has not, however, been stated.

4. In the Court below the application for amendment was opposed by the petitioners placing reliance on the decisions in 1982 M. P. R.C.J. Note 23 and 1959 JLJ 718,