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february 1951

Supreme Court of India · 1951-02-09

SRINIVAS RAM KUMAR vs MAHABIR PRASAD AND OTHERS.

Citation / case number
SC 1949/3
Court
Supreme Court of India
Petitioner
SRINIVAS RAM KUMAR
Respondent
MAHABIR PRASAD AND OTHERS.
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court held that a plaintiff can be granted a decree for recovery of money as a loan, even if this case was not explicitly set up in the plaint, provided the defendant admitted this alternative case in their written statement. The court found that the plaintiff's claim for specific performance was not substantiated, as the defendant's assertion that the money was received as a loan was true. Thus, the court decreed in favor of the plaintiff for the recovery of Rs. 30,000 and interest, despite the inconsistency with the original allegations in the plaint.

SRINIVAS RAM KUMAR vs MAHABIR PRASAD AND OTHERS. · Niyam