TMI Blog1989 (12) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of the agreement set out in the written statement. It was held by a Bench comprising two learned Judges of this Court that the agreement pleaded by the defendant was wholly different from that pleaded by the plaintiff. The plaintiff did not plead either in the plaint or at any subsequent stage that he was ready and willing to perform the agreement pleaded in the written statement and hence, no decree on the basis of that agreement should have been passed in his favour as done by the High Court. The Court held that it was well settled that in a suit for specific performance, the plaintiff should allege that he is ready and willing to perform his part of the contract and in the absence of such an allegation in the plaint, the sui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curing a No Objection certificate or permission from the competent officer as required under the Karnataka Urban Land Ceiling Act and within one month of the grant of such permission. The respondent received the No Objection or permission as aforesaid on March 31, 1981 but failed to execute the registered deed of sale as provided under the said agreement. Hence, on 30th June, 1981, the appellant filed the present suit. It may be observed here that in the plaint, there was no specific averment that the appellant was and had always been ready and willing to perform his part of the said agreement. The respondent filed a written statement raising several contentions and inter alia raised the contention that the suit was not maintainable for non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary for the purpose of determining the real questions in controversy between the parties. Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury which could not be compensated in costs. It is merely a particular case of this general rule that where a plaintiff seeks to amend by setting up a fresh claim in respect of a cause of action which since the institution of the suit had become barred by limitation, the amendment must be refused; to allow it would be to cause the defendant an injury which could not be compensated in costs by depriving him of a good defence to the claim. In L.J. Leach Co. Anr. v. Mes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliance on the decision of this Court in Ouseph Varghese v. Joseph Aley and Others, [1963] 2 SCC 539. In that case, a suit for specific performance was filed by the plaintiff on the basis of an alleged agreement with the first defendant. The defendant denied the agreement and went on to state that just before his death her husband had agreed to sell to the plaintiff Item No. 1 of the suit property less one acre of paddy field for a sum of Rs. 11,000 but due to the illness of her husband, the sale in question could not be effected. After the written statement to this effect was filed, no application for amendment to the plaint was made. The Trial Court decreed the suit. In the appeal, the High Court did not accept the agreement pleaded by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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