Amendment of Plaint -- Refund of Earnest Money in Specific Performance Suit -- Amendment allowable at any stage
(i) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Plaint -- Refund of Earnest Money in Specific Performance Suit -- Amendment of plaint seeking relief for refund of earnest money or deposit made has to be allowed at any stage of the proceedings, in a suit for specific performance. (ii) Civil Procedure Code, 1908, O.6 R.17 -- Amendment of Plaint -- Inadvertent Omission from Prayer Clause -- Where the plaint discloses a claim in the alternative for recovery of double the earnest money but the same is inadvertently not sought in the prayer clause, an amendment seeking such relief is rightly allowed.
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