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SUPREME COURT OF INDIA

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PETITIONER:

GAJANAN JAIKISHAN JOSHI

Vs.

RESPONDENT:

PRABHAKAR MOHANLAL KALWAR

DATE OF JUDGMENT13/12/1989

BENCH:

VENKATARAMIAH, E.S. (CJ)

BENCH:

VENKATARAMIAH, E.S. (CJ)

KANIA, M.H.

CITATION:

1989 SCR Supl. (2) 474 1990 SCC (1) 166

JT 1989 (4) 524 1989 SCALE (2)1323

ACT:

Civil Procedure Code, 1908: Order VI Rule

17--Plaint-Amendment of--When to be permitted.

Specific Relief Act, 1963: Section 16(c)--Suit for

specific performance-Amendment of plaint----Permissibility

of.

HEADNOTE:

For selling an immovable property, respondent entered

into an agreement with the appellant. Appellant paid part of

the consideration and he was put in possession of the

property. Since the respondent failed to execute the regis-

tered sale-deed, the appellant filed a suit. There was no

specific averment in the suit that the appellant was and had

always been ready and willing to perform his part of the

agreement.

Respondent contended inter-alia that the suit was not

maintainable for non-compliance with the provisions of

Section 16(c) of the Specific Relief Act, 1