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september 1999

Supreme Court of India · 1999-09-08

BALRAJ TANEJA vs SUNIL MADAN

Citation / case number
SC 1998/12762
Court
Supreme Court of India
Petitioner
BALRAJ TANEJA
Respondent
SUNIL MADAN
Author
SAGHIR AHMAD
Bench
S.SAGHIR AHMAD D.P.MOHAPATRO

Judgment text excerpt

The Supreme Court held that the High Court's decree for specific performance under Order 8 Rule 10 CPC was unjustified as it was based solely on the appellants' failure to file a written statement. The Court emphasized that a decree cannot be passed without establishing the facts set out in the plaint. The appeal was allowed, and the decree was set aside, reinforcing the principle that due process must be followed in civil proceedings.

BALRAJ TANEJA vs SUNIL MADAN · Niyam