BIBI JAIBUNISHA vs JAGDISH PANDIT

The Supreme Court held that the High Court erred in concluding that time was the essence of the contract without specific pleadings or issues raised in the trial court, referencing Smt. Indira Kaur & Ors. vs. Sheo Lal Kapoor [(1988) 2 SCC 488]. The Court established that a party cannot raise a plea for the first time in a higher court if it was not previously pleaded. Consequently, the dismissal of the appellant's suit for specific performance was overturned, as the finding regarding the essence of time was incorrect.