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TMI Blog2003 (11) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... it them to amend the plaint and the substance of the amendment was that the suit schedule property was acquired by the Government during the pendency of the suit and that OP No. 65 of 1988 is pending on the file of the Senior Civil Judge, Peddapuram and that the said OP was registered on a reference made to the same Court under Section 31(2) of the Land Acquisition Act and that the compensation amount was deposited in the said Court and hence the amendment is prayed for paying the relief of compensation in lieu of or in addition to the relief of specific performance prayed for in the suit. 3. Respondents filed a counter and had opposed the said application on the ground that the petitioners are fully aware of the acquisition made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n introducing these provisions may have to, be borne in mind while deciding amendment applications especially where the main reliefs prayed for are covered by either Section 21 or Section 40 of the said Act. The learned Counsel also had drawn the attention of this Court to a decision in Jagdish Singh v. Natthu Singh, AIR 1992 SC 1604. 6. Per contra, Sri V. Ch. Naidu, the learned Counsel representing the respondents opposed the petition on the ground that this is a belated application thought of at the fag end of the proceedings and the same cannot be allowed. The learned Counsel also had further maintained that as the main dispute relating to the apportionment of the compensation is pending between the parties under Section 31(2) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) and by Section 7 of this Act shall not apply to in respect of any pleading filed before the commencement of Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) and Section 7 of this Act. 10. In view of the same, it is contended that the ground of delay cannot be made as a ground applying the proviso, which had been introduced in the present provision. It is pertinent to note that Sub-section (5) of Section 21 of the Act is clear and explicit and the said provision reads as hereunder: 21(5) No compensation shall be awarded under this Section unless the plaintiff has claimed such compensation in his plaint: Provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne under the proviso to Sub-section (5). But different and less liberal standards apply if what is sought by the amendment is the conversion of a suit for specific performance into one for damages for breach of contract in which case Section 73 of the Contract Act is invoked. This amendment is under the discipline of Rule 17, Order 6, CPC. The fact that Sub-section (4), in turn, invokes Section 73 of the Contract Act for the principles of quantification and assessment of compensation does not obliterate this distinction. 13. While dealing with Section 40(2) proviso of the Act in a decision in Jagdish v. Har Sarup, AIR 1978 Delhi 233, it was held as under: Whereas under Order 6, Rule 17 the Court has a discretion, the proviso to Sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es can be granted or not, will definitely amount to touching the merits and de-merits of the matter which may have to be decided ultimately while deciding the main suit and this need not be gone into at this stage. The proceedings are different proceedings and it may be that the result of one may depend upon another. It is needless to say that both the proceedings for the convenience of the parties may be tried together, if the parties are so advised in this regard. However, it is suffice to state that when there is a provision specified in the statute i.e., the proviso to Sub-section (5) of Section 21 of the Act, despite that, disallowing an amendment application either on the ground that there is a parallel proceeding pending or on the gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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