https://www.taxtmi.com/caselaws?id=275127 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. en-us Thu, 19 Apr 1990 00:00:00 +0530 Wed, 19 Sep 2018 15:51:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275127 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. Case-Laws Indian Laws Thu, 19 Apr 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275127