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.