& Anr Vs. Siromanamma & Anr  INSC 740 (27 November 1995)
K.Ramaswamy, K.Hansaria B.L. (J)
1996 SCC (2) 25 1995 SCALE (7)353
O R D
appellants laid the suit for specific performance of the agreement of reconveyance
dated 30th August, 1967.
under Order 16 Rule 17 of Code of Civil Procedure, 1908 was filed seeking
amendment of the plaint by incorporating averments in para 3 thereof. Thus the
appellants pleaded that the transactions of execution of sale deed and
obtaining a document for reconveyance were single transactions. viz., mortgage
by conditional sale. In paragraph 9, they wanted alternative relief to redeem
the mortgage. At the end of the prayer, the plaintiff sought alternatively to
grant a decree for redemption of mortgage.
application was rejected by the Trail Court. On revision, the High Court of Andhra Pradesh confirmed
the same holding that in the original plaint the suit was for specific
performance and the reconveyance was not incorporated in the sale deed and
that, therefore, the amendment was not warranted. Amendment would change the
nature of the suit as well as cause of action.
called upon the appellant to produce original agreement of reconveyance. We
have seen the original document which contains the recitals in support of the
contention raised by the appellants. It is settled law that the plaintiff is
entitled to plead even inconsistent pleas.
this case, they are seeking alternative reliefs. The application was for
amendment of the plaint whereby neither cause of action could change nor the
relief could be materially affected. We allow the same.
appellants shall file amended plaint. It would be open to the respondents to
raise all the defences by filing additional written statement. The Trail Court is directed to dispose of the suit
within eight months from the date of the receipt of this order.
appeal is accordingly allowed. No costs.
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