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july 2000

Supreme Court of India · 2000-07-20

Motilal Jain vs Smt.Ramdasi Devi & Ors

Citation / case number
AIR 2000 SUPREME COURT 2408
Court
Supreme Court of India
Petitioner
Motilal Jain
Respondent
Smt.Ramdasi Devi & Ors
Bench
Shivaraj V. Patil, S.S.M.Quadri

Judgment text excerpt

The Supreme Court held that the plaintiff's suit for specific performance under the Specific Relief Act, 1963 was improperly denied by the High Court due to alleged delay and lack of evidence of readiness and willingness as required under Section 16(c). The Court emphasized that the plaint does not need to strictly adhere to Forms 47 and 48 of the CPC. The High Court's decision to grant compensation instead of specific performance was set aside, reaffirming the trial court's decree for specific performance of the contract.

Motilal Jain vs Smt.Ramdasi Devi & Ors · Niyam