Supreme Court of India
Bharat Karsondas Thakkar v. M/s Kiran Construction Co. & Ors.
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid decision, it could not be said that the High Court committed any error in allowing the impleadment of the appellant in the suit or in allowing the prayers in the plaint to be amended to include a declaration for declaring the consent decree to be c not binding on the plaintiffs.
Judgment, page 12
From the headnote
Specific Relief Act, 1963: ss. 15 and 19 - Suit for specific performance of agreement - Amendment of plaint seeking declaration that consent c decree passed in another suit involving same property be declared null and void and not binding - lmpleadment of party to the said suit, who was not party to instant agreement, also sought-HELD: High Court erred in allowing amendment since it completely changed the nature and character of suit from being a suit for specific performance to one for declaration of title and possession - Besides the party sought to be impleaded is a third party and does
Authorities it was built on
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.