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9 Heard the learned counsel for the parties. The learned counsel appearing on behalf of the Petitioner Shri S M Oak would contend that in terms of the law laid down by the Apex Court in Vernekar's case (supra) as also the judgment of the Apex Court reported in (2011) 11 SCC 275 in the ] lgc 8 of 21 wp-7688.13 matter of K K Velusamy v/s. N Palansamy, the Trial Court is not powerless in allowing the application for recalling of the witness and for permitting the Plaintiff to adduce additional evidence if interest of justice so requires. The learned counsel for the Petitioner would contend that in the instant case the plaint ex-facie discloses that the averments relating to the readiness and willingness have already been made and therefore this is not a case where the Plaintiff is seeking permission to lead evidence in respect of the readiness and willingness in the absence of pleadings. The learned counsel would contend that it is through inadvertence or mistake that the averments relating to the documents to buttress the case of the Plaintiff as regards the readiness and willingness remained to be incorporated in the affidavit of examination in chief. The learned counsel in support of this contention would placed reliance on the judgment of the Apex Court in Velusamy's case (supra) and would contend that the paramount consideration has to be the interest of justice. The learned counsel would contend that grave prejudice would be caused to the Plaintiff, if the Application is not allowed as in the absence of the said evidence grave prejudice would be caused to the Plaintiff. The learned counsel would draw the Court's attention to the fact that pursuant to the agreements to sale and the power of attorney executed by the Defendants, 15 buildings have been constructed in the mid eighties wherein the members of the society are residing, the buildings are constructed on the lands which have been conveyed as also the lands covered by the agreements in respect of which specific lgc 9 of 21 wp-7688.13 performance is sought as all the plots have been amalgamated.