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.