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.