Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Specific Performance: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Suit - Seeking specific performance of agreement for sale - Suit decreed by courts below - On appeal. plea of defendant inter alia that in absence of seeking declaration that agreement was. bad in law, mere suit for specific performance was not maintainable - Held: The plaint which seeks the relief of ~pecific performance of agree111ent, 111ust contain all the requirements of s. 16(c) rlw. the requirements contained in Form Nos . ./7 and ./8 of Appendix 'A' of D CPC - Plaint should also have necessary pleading satishing the requirement of Art. 5./ of the Limitation Act - Plea of maintainability of suit, being preliminary issue having been raised for the first time before Supreme Court, is not maintainable - The suit was 111aintainable as the same was filed within the time provided in Art.5./ E of Limitation Act - The plaintiff had pleaded the necessary requirements of s. l 6(c) of Specific Relief Act rlw the requirements of Forms ./7 and ./8 ofCPC and Art. 5./ of Limitation Act - P/aimiff had paid more than 50% of the sale consideration lo lhe defendanl before 1he due date of execution of sale deed - The plaintiff was a/ways ready and willing lo perform her part - Trial court was F ;ustified in exercising its discrelion in favour of the plaintiff by ·passing a decree for specific performance of agreement. - Specific Relief Act, 1963 - s. 16(c) - Code of Civil Procedure, 1908 - Appendix A. forms ./7 and ./8 - Limitation Act, 1963 - Art. 5./.Plea: New plea - As regards preliminary issue - Held: Plea regarding maintainability of suit is required to be raised in the first inslance - New plea in this regard not to be entertained - However, where the Courl prima facie finds by mere perusal of plaint a/legations thal the suit is barred by any express provision of lawor legally not maintainable due to any legal provision, it can take judicial notice to avoid abuse of judidioial process in prosecuting such suit. A Constitution of India: Art. 136 - Scope of - Held: Supreme Court in exercise of jurisdiction u!Art. 136 is loath to undertake the task of appreciating the evidence - More so when such appeal arises of judgment, which has recorded concurrent findings of fact. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 202 |
Petitioner | Mrs. A. Kanthamani |
Respondent | Mrs. Nasreen Ahmed |
SCR | [2017] 2 S.C.R. 610 |
Judgement Date | 2017-03-06 |
Case Number | 2714 |
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