8. Perused the record. It is well settled law that ordinarily the Court must be extremely liberal in granting the prayer of amendment if the Court is of the view that if said amendment is not allowed, the party, who is prayed for said amendment, shall suffer irreparable loss and injury. It is also equally well settled that there is no absolute rule that in every case if the trial has commenced, amendment should not be granted. It is always open to the Court to allow an amendment if it is of the view that allowing of an amendment shall subserve the ultimate cause of justice and avoid further litigation. Admittedly, third party interest have been created in the suit property in favour of Shri. Jaykishan Pahalajrai Jethara. The original suit is for specific performance of the Agreement to Sell or in the alternative refund of the earnest money with interest. Since third party interests have been created in the suit property, the third purchaser namely Shri. Jaykishan Pahalajrai Jethara is a necessary party to the said suit. It is therefore necessary for proper determination of issues in the suit that the third party purchaser be impleaded to render complete determination and to avoid further multiplicity of proceedings.
