Supreme Court of India · 2005-08-25
RAJESHWARI vs PURAN INDORIA
- Citation / case number
- SC 2002/13740
- Court
- Supreme Court of India
- Petitioner
- RAJESHWARI
- Respondent
- PURAN INDORIA
- Author
- P.K. BALASUBRAMANYAN G.P. MATHUR
- Bench
- P.K. BALASUBRAMANYAN G.P. MATHUR
Judgment text excerpt
The Supreme Court upheld the lower courts' decisions granting specific performance of a contract despite the defendant's claims of variance between pleading and proof, and the argument that the suit was time-barred under the Limitation Act. The Court emphasized that the absence of a fixed date for performance in the agreement did not invalidate the plaintiff's claim, and that the discretion to grant specific performance was exercised appropriately by the trial court. The appeal was dismissed, affirming the decree of specific performance in favor of the plaintiff.