However, so far as the proviso to sub-section (5) of Section 21 is concerned, two positions must to kept clearly distinguished. If the amendment relates to the relief of compensation in lieu of or in addition to specific perform- ance where the plaintiff has not abandoned his relief of specific-performance the Court will allow the amendment at any stage of the proceeding. That is a claim for compensa- tion failing under section 21 of the Specific Relief Act, 1963 and the amendment is one 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 is invoked. This amendment is under the discipline of Rule 17, Order 6, C.P.C. The fact that sub-section (4), in turn, invokes Section 73 of the Indian Contract Act for the prin- ciples of quanlification and assessment of compensation does not obliterate this distinction.
Supreme Court of India
Jagdish Singh vs Natthu Singh on 25 November, 1991
Equivalent citations: 1992 AIR 1604, 1991 SCR Supl. (2) 567
Bench: Venkatachalliah, M.N.
