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february 1978

Supreme Court of India · 1978-02-14

SANDHYA RANI SARKAR vs SUDHA RANI DEBI AND ORS.

Citation / case number
SC 1976/61018
Court
Supreme Court of India
Petitioner
SANDHYA RANI SARKAR
Respondent
SUDHA RANI DEBI AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court dismissed the plaintiff's appeal for specific performance of a contract under the Specific Relief Act, 1963, Sections 16(b) and (c), holding that the appellant failed to comply with the decree's terms within the stipulated time. The Court emphasized that discretion in condoning delay under Section 5 must be exercised judiciously, and the party seeking relief must demonstrate sufficient cause for the delay. The High Court's decision to condone the delay was upheld, affirming that the explanation for the delay must cover the entire period and be liberally construed to promote substantial justice.

SANDHYA RANI SARKAR vs SUDHA RANI DEBI AND ORS. · Niyam