Hon'ble Judge(s):
K. Ramaswamy,
B. L. Hansaria
, JJ
Civil P.C. (5 of 1908) , O.6 R.17— of plaint - Suit filed for relief of permanent injunction restraining respondents from alienating, encumbering, selling, disposing of, or in any way dealing with property - Subsequently amendment of plaint sought for relief of specific performance of contract - Plea that amendment was necessary in view of subsequent knowledge about permission being granted by Charity Commissioner to alienation - Not tenable - Plaintiff having expressly admitted in plaint that defendants have refused to abide by terms of contract - Relief for specific performance ought to have been asked in original suit itself - Relief of specific performance cannot be allowed to be added after lapse of seven years, being barred by limitation.
(Para 4
6)
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