Specific performance cannot be added after suing for refund and damages on the footing that the contract ended.

A plaintiff who has sued for refund of earnest money and damages on the footing that the contract was repudiated or treated as terminated cannot later amend the plaint to claim specific performance as the main relief. The reliefs are inconsistent because specific performance proceeds on the contract being subsisting, while a refund and damages claim proceeds on its end. An amendment that seeks to switch to specific performance is therefore not a mere correction of pleadings and may be refused where it would introduce a claim barred by the legal position already adopted. The amendment was rejected and the revision allowed.

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Issues: Whether a plaint originally filed for refund of earnest money and damages can be amended to claim specific performance as the main relief and refund/damages as an alternative relief.

Analysis: Once the purchaser elects to treat the contract as at an end by suing for refund of advance and damages, the purchaser cannot later assert the same contract as subsisting for specific performance. The relief of specific performance is inconsistent with a prior claim based on repudiation or rescission of the agreement. An amendment that converts such a suit into one for specific performance is therefore not a permissible correction of pleadings, but one that seeks to introduce a relief barred on the legal footing already adopted by the plaintiff. The revisional court may interfere where the subordinate court has allowed an amendment that would result in manifest injustice and permit a claim that cannot ultimately succeed.

Conclusion: The amendment to introduce specific performance was not permissible and was rightly rejected in revision.

Final Conclusion: The order of the trial court was set aside, the amendment application was dismissed, and the revision was allowed.

Ratio Decidendi: A plaintiff who sues on the footing that the contract has been repudiated or treated as terminated cannot later amend the plaint to seek specific performance of the same contract.

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