Law:

Section:

Civil Procedure Code (V of 1908)-------O.VI, R.17---Specific Relief Act (I of 1877), S.12---Suit for specific performance of agreement to sell---Plaintiff's entitlement to seek amendment of plaint incorporating specified amount in place of stated amount in plaint--­Parties as per their pleadings were agitating right to specific performance of contract of immovable property for valuable consideration---Apart from stipulation in agreement of sale, consideration for transfer of property being of utmost importance, proposed amendment was absolutely necessary for a just and proper determination of consideration agreed upon between the parties---Without determination of quantum of consideration, no effective and complete adjudication would be possible on the issue arising in the suit---Amendment of plaint was, allowed in circumstances. Ghulam Bibi v. Sarsa Khan PLD 1985 SC 345 and Muhammad Anwar v. Allah Bux 1986 SCMR 1575 rel. Suleman Ali Muhammad v. Ahmed Ali PLD 1982 Kar. 111 and Shajar Ali Hoti v. Esmail Sobhani 1985 CLC 343 ref. ORDER In this suit for specific performance of contract in respect of Plot No.2- A, Block-C, Unit No.7, Latifabad, Hyderabad, initially filed before the Senior Civil Judge, Hyderabad and later represented before the High Court, plaintiffs seek amendment in para.3 of the plaint by substituting the figure of "Rs.250,000" by figure "Rs. 450,000" which is the sale consideration for the contract. In para. 4 of the plaint which says that the defendant entered into an agreement to sell the suit property to the plaintiffs under the terms and conditions incorporated in the agreement an addition has been sought to the effect "that at the instance of defendant's husband, the consideration in the sale agreement was shown at Rs.250,000. Consequently in para. 5 of the plaint mentioning that on 24-6-1978 defendant received a sum of Rs.150,000 from the plaintiffs and put them in possession of the suit property in part performance of the contract figure of Rs.150,000 is sought to be substituted by the words "sums of Rs.150,000 and 2 lacs". 2. Necessity to seek amendment arose as according to the plaintiffs deal was struck for a consideration of…

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