appeal relates to rejection of an application for amendment
of plaint in a suit for specific performance of the agreement for sale
passed ... that in this case, by filing the application for amendment in the
suit for specific performance of the contract for sale, the appellant had
sought
exhaustive of all claims of specific
performance based on written contracts, the suit for specific
performance cannot be decreed for non-registration.
Thus ... certain provisions of Specific Relief Act
and Section 27 A deals with Specific performance in case of part
performance of contract of lease
petitioner filed present application for
amendment seeking an amendment in respect of the relief for
specific performance, for amendment as paras ... allowing the application for specific performance would
be highly prejudicial to their interest, as the suit for specific
performance is barred by limitation
person files a suit for specific performance of contract, if the
person does not ask for specific performance of contract, then section 22 will ... proviso to sub-
section 2 of section 22 of the Specific Performance Act, amendment can be
allowed. But, in this case the suit was filed
substitution of the relief of specific performance. Thus, a plaintiff in a suit
for specific performance of an agreement of sale can, under Section ... addition to specific performance where
the plaintiff has not abandoned his relief of specific performance, the Court
will allow the amendment at any stage
claim relief of possession by way of specific performance of
agreement to sell. The amendment having been allowed by the court below,
the order ... specific performance of agreement to sell dated 28.5.2007. In terms
of Article 54 of the Limitation Act , a suit for specific performance could be
filed
separate judgment pronounced today.
(a) In a suit for specific performance of contract,
an amendment introducing a plea of readiness and
willingness in terms ... application
for amendment should contain the material facts by way of
proposed amendment that there was a specific date fixed for
performance of contract between
file a suit for specific performance. It was held in the said judgment
that there was no scope for specific performance and damages ... amended to one for specific performance of contract,
particularly at a juncture when such specific performance was time‐barred.
41. The next judgment cited
perpetual
injunction and by way of amendment, new prayer is
being tried to be introduced for specific
performance which would change the nature ... amendment, the
plaintiff introduced new prayer for specific
performance. Therefore, certainly if the
amendment is allowed, it would change nature of
the suit.
11. When
application dated 12.05.2011 (Annexure P-
3) for amendment of plaint to claim the relief of specific performance of the
impugned agreement along with other consequential ... himself that suit to claim relief of specific performance had hopelessly
become barred by limitation, when amendment application was moved, the
amendment cannot be allowed
