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PRANAY VERMA
UMESH S/o HARGOVIND KHANDELWAL – Appellant
Versus
JAGDISH S/o TEJA DEVDA – Respondent
ORDER : – Heard finally with the consent of parties.
This petition under Article 227 of the Constitution of India has been preferred by plaintiff/petitioner against order dated 23-3-2021 passed in Civil Suit No. 18-A/2018 by the Ist Civil Judge, Class-I, Manawar, District Dhar, whereby his application under Order 6, Rule 17 of the CPC seeking leave of the Court to amend his plaint has been rejected.
2. The plaintiff has instituted an action on 25-4-2018 for specific performance of contract dated 23-1-2015. The written statement to plaintiff’s claim has been filed by defendant No. 1 on 3-8-2018. On 13-3-2020 the plaintiff filed an application under Order 6, Rule 17 of the CPC for amendment of the plaint to plead that cause of action has always been accruing to him. He further prayed for amendment of relief clause of the plaint to add the relief that in case specific performance cannot be granted in his favour then compensation in lieu thereof be granted. He also sought to add the heading in the list of documents filed by him. The application was contested by defendant No. 1 by filing his reply. By the impugned order plaintiff’s amendment application has been rejected by the trial Co
Advocates appeared :For the Appellant : M. M. Bohara For the Respondent : Harshad Wadnekar
(1) Amendment of plaint – Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision.(2) Amendment of written statement – Princip....
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.
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....
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