Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | S. 16(c) Code of Civil Procedure 1908: Order 6 Rule 17 Specific Relief Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Order 6 Rule 17. Agreement to sell-In favour of plaintiff-Specific Performance of-Suit decreed by trial court-In appeal, defendants contended that the suit was barred by S. 16(c) of the Specific Relief Act as the plaintiff did not aver in the plaint that he was ready and willing to perform his part of the contract-Plaintiff moved an application under 0.6 R.17 seeking introduction of the , averment regarding his readiness and willingness to perform his part of the contract-Appellate Court allowed the application-Held: Cause of action centred round inaction on the part of the vendor in complying with the agreement to sell-Amendment does not change the cause for action-Hence, appellate court was right in allowing the application-Specific Relief Act, 1963, S. 16(c) The respondent-defendant no. 1 agreed to sell his land to the appellant- plaintiff for a certain consideration. Accordingly, earnest money was taken by defendant no, 1 and an agreement to sell was executed in plaintiffs favour. Despite this agreement defendant no. 1 did not execute the sale deed instead sold the property to respondents-defendants nos. 2 and 3. Thereafter, the 4 plaintiff filed a suit for specific performance under the Specific Relief Act, 1963. The trial court decreed the suit.In appeal, the defendants contended that the suit was barred by Section 16(c) of the Act as the plaintiff did not aver in the plaint that he was ready and willing to perform his part of the contract. At this stage the plaintiff moved an application for amending the paint under Order 6 Rule 17 of the Code of Civil Procedure, 1908 seeking introduction of the averment regarding his readiness and willingness to perform his part of the contract. The first appellate court allowed the application for amendment of the plaint. The defendants filed an appeal challenging the aforesaid decision before the High Court. The High Court allowed the appeal on the ground that the amendment would change the cause of action. Hence this appeal.On behalf of the appellant it was contended that in a suit for specific performance of contract, the cause of action centred round inaction on the part of the vendor in complying with the agreement to sell the property and ·hence the appellant could always be permitted to amend the plaint by introducing the averment as required by Section 16(c) of the Act. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1998 INSC 71 |
Petitioner | Shri Lakhi Ram (dead) Through Lrs. |
Respondent | Shri Trikha Ram And Ors. |
SCR | [1998] 1 S.C.R. 705 |
Judgement Date | 1998-02-05 |
Case Number | 1646 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |