Supreme Court of India

Vidyadhar v. Manikrao and Anr.

Neutral citation

Reported as [1999] 1 S.C.R. 1168

Bench S. Saghir Ahmad and D.P. Wadhwa JJ.

Decided 17 March 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

13 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, the High Court was wholly in error in coming to the conclusion that there was no sale as only a sum of Rs.500 was paid G to defendant No. 2 and the balance amount of Rs.4,500 was not paid.

Judgment, page 26

From the headnote

cl Civil Procedure Code, 1908 : Order 8--Def endant can raise any legi.timate plea available to him c under the law to defeat the suit of the plaintiff. Order 16 Rules 1(3) & I- -Rule 1- not in derogation of Rule 1 (3 )-Witnesses- party may bring witnesses even without applying for court summons-But leave of the court has to be procured before proceeding to examine such witnesses. r Section 100--:-Second appeal-Scope of power of the High Court under. .. -,.- Transfer of Property Act, 1882: Section 54: • Sale of immovable property-Non payment or part-payment of sale ,.._ ' consideration-Plea

Authorities it was built on

1965 P. L. Bapuswami v. N. Pattay Gounder cited by 9
1996 Lourdu Mari David and Ors. v. Louis Chinnaya Arogiaswamy and Ors. cited by 3

Where later benches applied it

2022 Seethakathi Trust Madras v. Krishnaveni relied on
2014 Easwari v. Parvathi & Ors. relied on
2013 S. Kesari Hanuman Goud v. Anjum Jehan & Ors. relied on
2011 Mrs. Saradamani Kandappan v. Mrs. S. Rajalakshmi & Ors. relied on
2026 Russi Fisheries P. Ltd.. v. Bhavna Seth. referred to
2025 Chowdamma (d) by Lr and Another v. Venkatappa (d) by Lrs and Another referred to
2025 Nilima Das Gupta (deceased) through its Lrs. v. On the Death of Abdur Rouf His Legal Heirs & Ors. referred to
2022 Indian Overseas Bank v. M/s Rcm Infrastructure Ltd. and Another referred to
2020 Dahiben v. Arvindbhai Kalyanji Bhanusali (gajra) (d) Thr Lrs & Ors. referred to
2012 Vishwanath S/o Sitaram Agrawal v. Sau. Sarla Vishwanath Agrawal referred to
2004 Janki Vashdeo Bhojwani and Anr. v. Indusind Bank Ltd. and Ors. mentioned
2004 Bajaranglal Shivchandrai Ruia v. Shashikant N. Ruia and Ors. mentioned
2024 Shyam Kumar Inani v. Vinod Agrawal & Ors. distinguished

Of those, 4 relied on · 1 distinguished · 6 referred to · 2 mentioned

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