JUDGMENT

The additional second defendant in a suit for specific performance is before this court. He is aggrieved by an order allowing amendment of the plaint.

2. The suit was originally filed by the first respondent - plaintiff against the second respondent- defendant. Along with the suit, the plaintiff sought for attachment before judgment of the property which is the subject matter of the agreement. The court below ordered attachment over the property. Thereupon, the petitioner herein filed an application seeking lifting of the attachment on the contention that a portion of the property had already been conveyed to him by the original defendant even prior to the filing of the suit. Pursuant to that, the court below lifted the attachment in respect of that portion of the property. Thereafter, the plaintiff got the present petitioner namely, the assignee, impleaded in the suit as an additional defendant. 3. Thereafter, the plaintiff filed an application seeking amendment of the plaint, to include a relief challenging the sale deed in favour of the petitioner herein with necessary averments. As per the impugned order, the court below allowed the said application.

4. As noticed supra