Amendment of plaint in specific performance suits may add readiness and willingness averment when no fresh cause of action arises.

A plaint in a specific performance suit may be amended to add the averment of readiness and willingness required by section 16(c) of the Specific Relief Act, 1963, where the amendment does not introduce a fresh cause of action. The amendment was treated as completing the existing cause of action and as necessary to determine the real controversy. It could not be refused merely because a fresh suit on the amended pleading might be time-barred, since no irreparable prejudice or loss of substantive defence was shown on the facts. The earlier authority relied on against amendment was held inapplicable because it involved a materially different situation.

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Issues: Whether the plaint in a suit for specific performance could be amended to insert the averment of readiness and willingness required by law, notwithstanding the contention that the amendment was barred by limitation.

Analysis: The omission sought to be cured did not introduce any fresh cause of action. It merely completed the existing cause of action for specific performance by supplying an averment required under section 16(c) of the Specific Relief Act, 1963. The governing principles permit amendments necessary for determining the real controversy, unless they work irreparable injustice to the other side. Since no new claim was introduced and the respondent was not deprived of any substantive defence on the facts, the amendment could not be refused merely because a fresh suit on the amended pleading might be time-barred. The authority relied on against amendment involved a materially different situation and did not govern the present case.

Conclusion: The amendment was wrongly rejected and was liable to be allowed in favour of the appellant.

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