in a suit for mere injunction – an amendement of plaint can be allowed for specific performance of agreement of sale if it is in time


Hon’ble Mr. Justice R.F. Nariman 

Or.6, rule 17 CPC- amendment of plaint adding for specific perfromance of agreement of sale in a bare suit for injuntion – both courts dismissed the same – The reasoning given by the courts below is that the amendment would be barred by limitation if one is to calculate the limitation from the date of the agreement to sell or the date of the alleged cancellation, both of which took place in the years 2004 and 2005 respectively. Since the amendment was moved on 20.02.2014, the courts below have said that the amendment is time barred. – Apex court held that The Agreement to Sell dated 31.03.2004 itself states that a contingency has first to occur before the Agreement can be enforced, viz., a second appeal has to be disposed of. We are informed that the said second appeal was dismissed as withdrawn only on 12.12.2012. Therefore, at the earliest, limitation to enforce this Agreement would began only from the said date. The amendment made, therefore, cannot be said to be time barred. The amendment, therefore, stands allowed. The judgments passed by the courts below are set aside.