A.Lala, J. - (1.) This is an application for amendment of the plaint under Order 6 Rule 7 of Code of Civil Procedure. The law prescribes that the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
(2.) Originally the suit was instituted on 25the November, 1997 by the plaintiff praying inter alia : (a) Mandatory injunction directing the defendants to handover vacant possession of the suit premises more fully mentioned in schedule 'A' to the pliant and to sign and sign the building plans for construction of the said building and to execute the power of attorney in favour of a nominee of the plaintiff pursuant to agreement dated 3rd December, 1986 as modified. (b) Mandatory injunction directing the defendants to execute and register necessary conveyance in favour of the allottees nominated by the plaintiff in respect of the plaintiff's allocation in the building to be constructed. (c) Declaration that the suit property charged in respect of the earnest money/initial deposit paid by the plaintiff. (d) Perpetual injunction restraining the defendants from transferring encumbering parting with possession creating any third party right or dealing with or disposing of the suit premises more fully mentioned in schedule 'A' to the plaint in any manner whatsoever. (e) Attachment. (f) Receiver. (g) Injunction. (h) Costs. (i) Such further and/or other reliefs.
(3.) The amendment was sought to be made by making this application on 20th November, 2001 to incorporate prayer (a) therein as follows :- (a) A decree for specific performance of the agreement dated 3rd December, 1986 as modified on 27th December, 1994. Consequently all other prayers made above are marked (b) to( j).;