2020 AIR CC 365 (BOM) ::2019 (6) ABR 9 ::AIROnline 2019 BOM 849 ::(2020) 1 AllMR 724

Bombay High Court

Hon'ble Judge(s): N. J. Jamadar , J

(A) Civil P.C. (5 of 1908) , O.6 R.17— Specific Relief Act (47 of 1963) , S.22— Amendment of plaint - Permissibility - Suit for specific performance of agreement of sale - Agreement executed by defendant regarding joint property without taking permission of other co-owners - Amendment seeking to incorporate alternative relief of decree for specific performance of contract to extent of share of defendant - Is permissible . (Para 15) (B) Civil P.C. (5 of 1908) , O.6 R.17— Specific Relief Act (47 of 1963) , S.22— Amendment of plaint - At appellate stage - Permissibility - Suit for specific performance of agreement of sale - Execution of agreement by defendant regarding joint property without taking permission of other co-owners - So far as share of defendant in suit property is concerned agreement for sale would be complete contract qua that defendant - Plaintiff cannot be precluded from seeking relief of specific performance of contract to extent of share of defendant - Neither bar under proviso to O. 6 R. 17 nor stage of proceeding would prevent plaintiff from seeking relief of such amendment . (Para 18 21 22) ....