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february 1998

Supreme Court of India · 1998-02-05

SHRI LAKHI RAM (DEAD) THROUGH LRS. vs SHRI TRIKHA RAM & ORS.

Citation / case number
SC 1981/63771
Court
Supreme Court of India
Petitioner
SHRI LAKHI RAM (DEAD) THROUGH LRS.
Respondent
SHRI TRIKHA RAM & ORS.
Author
Majmudar
Bench
M. JAGANNADHA RAO S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court addressed the issue of specific performance of a contract under the Specific Relief Act, 1963, particularly Section 16(c), which requires the plaintiff to demonstrate readiness and willingness to perform their part of the contract. The Court held that the amendment of the plaint to include such averments was permissible and that the High Court erred in setting aside the appellate court's order allowing the amendment. Consequently, the Supreme Court restored the appellate court's decision, allowing the plaintiff to amend the plaint and remanding the case for further proceedings.

SHRI LAKHI RAM (DEAD) THROUGH LRS. vs SHRI TRIKHA RAM & ORS. · Niyam