Supreme Court of India
Van Vibhag Karamchari Griha Nirman Sahkari Sanstha Maryadit (regd.) v. Ramesh Chander and 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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons aforesaid, this court is of the view that the plea of specific performance, which is a discretionary relief, D cannot be granted to the appellant in this case.
Judgment, page 14
From the headnote
Code of Civil procedure, 1908: 0. 2 r. 2 and 0. 6 r. 17 - Omission to sue for one of several reliefs and inclusion of omitted relief after long time - Cancellation of agreement of sale of suit land - Intimation of cancellation - Suit by vendee seeking declaration of ownership and permanent injunction over suit land - Inclusion of relief of specific performance by way of amendment after about 11 years of filing of the said suit - Held: The cause of action to file a suit for specific performance arose on intimation of cancellation of agreement of sale - Omission to include the relief of
Authorities it was built on
Where later benches applied it
- 2020 Atma Ram v. Charanjit Singh
- 2015 L.C. Hanumanthappa (since Dead) Represented by His Lrs. v. H. B. Shivakumar
- 2014 Voltas Ltd. v. Rolta India Ltd.
Of those, 3 referred to
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