Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Procedure Code 48 and 151 47 Ss. 10 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil Procedure Code, 1908; Ss. 10, 47, 48 and 151/Limitation Act, 1963; Article 54/Specific Relief Act, 1963; Section 16C: Agreement to sell property-Payment of part consideration by first party-purchaser-Transfer of part possession by owner-Rescinding the contract first party filed a suit for recovery of advance against the owner-Application for amendment to convert the suit into one for specific performance of the agreement of sale-Rejected by trial Court on the ground of limitation-Owner sold the property to another party and transferred possession thereof-Suit decreed by trial Court for recovery of the amount-Challenged by judgment creditor himself by filing a revision petition-Allowed by High Court observing it as unusual revision-Suit for eviction filed by new owners claiming possession and mesne profit-Another suit for specific performance filed by the first party against original owner and also filed an application for stay of suit under Section 10 CPC on ground of res judicata-Trial Court dismissed the suit as barred by limitation-Appeal allowed by the High Court remanding the matter to trial Court for disposal of stay application-On appeal, Held: It is open to the Court to decide early the suit which was instituted with an oblique motive to cause harassment to opposite party-Findings of the High Court wholly erroneous in law since Section 10 CPC enacts merely a rule of procedure and a decree passed in contravention thereof is not a nullity-Since original owners were not prepared to execute the sale deed and trial Court having rejected the suit for specific performance as barred by limitation, the first party has notice of refusal of performance-Article 54 of Limitation Act attracted-Since the first party himself was not willing to perform his part of the agreement, no decree of specific performance could be passed in his favour-Hence, the trial Court rightly held that the suit was not maintainable as barred by limitation. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2004 INSC 281 |
Petitioner | Pukhraj D. Jain And Ors. |
Respondent | G. Gopalakrishna |
SCR | [2004] Supp. (1) S.C.R. 324 |
Judgement Date | 2004-04-16 |
Case Number | 2082 |
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