ANIL K.SEN, J. - (1.)An application under Or. 6, R.17 of the C.P.C. filed at a very late stage having been dismissed by the learned Judge, 3rd Bench, City Civil Court, Calcutta, by an order dt. June 16, 1984, the plaintiff has preferred the present revisional application.
(2.)The suit was instituted by the plaintiff for specific performance of a contract for sale of a flat at Karunamoyee Housing Estate, Salt Lake City, Calcutta. In drawing up the plaint it is quite evident that the plaintiff overlooked the amended provisions of Section 16(c) of the Specific Relief Act. Though the claim for specific performance was really based on implied pleadings envisaged by the said clause, there was no express pleading to the effect that the plaintiff had always been ready and willing to perform the essential terms of the contract which are to be performed by him. Parties led evidence. Plaintiff too led evidence on the point and he was subjected to cross-examination. At the stage of argument the aforesaid defect in the pleading was brought home to the plaintiff and accordingly, the plaintiff prayed for an amendment to incorporate the following additional pleading to the plaint, namely :-
"The plaintiff was and/or is ready and willing to perform the essential terms of the contract to be performed by him and the plaintiff is also ready and willing to purchase the said flat from the defendants."

(3.)This prayer for amendment was strongly contested by the defendants. On such contest the learned Judge, City Civil Court, Calcutta, has rejected the prayer for amendment relying upon a single Bench decision of the Patna High Court in the case of Ram Singhasan Choubey v. Sudama Prasad Sah, AIR 1982 Pat 200. According to the learned Judge, the pleading proposed to be introduced by the amendment was an essential part of the pleading and since it was not incorporated in the original plaint, he cannot now be allowed to add that to the pleading because by lapse of time a valuable right has accrued to the defendants. The correctness of the view thus taken by the learned Judge is the subject-matter of challenge before us in the present revisional application.