J U D G M E N T

The question posed for consideration in this writ petition is whether after claiming a relief for a decree of specific performance can the plaintiff confine the relief only for the refund of the amount advanced to the opposite party by seeking an amendment to the reliefs in the suit.

2. The defendant in OS.No.927/08 on the file of the Ist Additional Sub Court, Ernakulam has filed this petition impeaching the correctness and propriety of the order passed by the learned Sub Judge, allowing the amendment application moved by the plaintiff to give up the relief claimed for specific enforcement of the agreement limiting it to the alternate relief for refund of the money paid under the agreement. His application moved under Order VI Rule 17 CPC was allowed by the court holding that it will not change the character o the suit, but, expressing a view that such an amendment would amount to an abandonment of the claim for specific performance. Impeaching that order the defendant has WPC.14494/09 filed this petition canvassing the proposition that the abandonment of the claim for specific performance amounted to an 'abandonment' of the relief in the suit under Order XXIII Rule 1