DALIP SINGH, J. - (1.) HEARD learned counsel for the parties. 1. This writ petition has been preferred by the plaintiff whose application for seeking amendment for the plaint filed under Order 6 Rule 17 CPC has been rejected.
(2.) THE plaintiff filed a suit for specific performance for the contract that is the agreement for sale dated 27.11.1995 and 11.04.1996 in respect of a piece of land against the defendant. After the written statement was filed the plaintiff moved the present application on the grounds mentioned therein seeking amendment of the plaint with a view to amend the plaint as mentioned in para 3 and 4 of the said application dated 18.01.2003. The substance of the amendment in short is that the plaintiff wants to incorporate the plea of being dispossessed and the consequential relief of the grant of possession in the event of the suit being decreed in favour of the plaintiff. The learned trial Court rejected the said application by the impugned order dated 22.01.2005 primarily on the ground that the plaintiff has failed to disclose the date on which the plaintiff was threatened and dispossessed as mentioned in para 5 of the order. It may be stated here that so far as the impugned order is concerned the same leaves much to be desired. The learned counsel for the petitioner plaintiff drew the attention of the Court more particularly to Section 22 of the Specific Relief Act and submitted that even in cases where the relief of possession has not been sought, it is open for the plaintiff to seek such relief and for this purpose the Court is empowered to permit the plaintiff to amend the plaint at any stage subject to such terms in accordance with law which the Court thinks fit.
(3.) I have considered the aforesaid submission of the learned counsel for the petitioner Section 22 of the Specific Relief Act, 1963 reads as follows : 22. Power to grant relief for possession partition, refund of ea rnest money, etc. - (1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for :- (a) possession, or partition and separate possession, of the property, in addition to such performance; or (b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or [made by] him, in case his claim for specific performance is refused. (2) no relief under clause (a) or clause (b) of Sub-section (1) shall be granted by the Court unless it has been specifically claimed : Provided that where the plaintiff has not claimed any such relief in the plaint, the Court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be, just for including a claim for such relief. (3) The power of the Court to grant relief under clause (b) of Sub-section (1) shall be without prejudice to its powers to award compensation under Section 21. ;