Supreme Court of India · 2005-05-03
Surinder Singh vs Kapoor Singh (Dead) Th. Lrs. & Ors
- Citation / case number
- AIRONLINE 2005 SC 470
- Court
- Supreme Court of India
- Petitioner
- Surinder Singh
- Respondent
- Kapoor Singh (Dead) Th. Lrs. & Ors
- Author
- S.B. Sinha
- Bench
- N. Santosh Hegde, D.M. Dharmadhikari, S.B. Sinha
Judgment text excerpt
The Supreme Court, in a three-judge bench, addressed the conflict between previous rulings in Kartar Singh vs. Harjinder Singh and Rachakonda Narayana vs. Ponthala Parvathamma regarding specific performance of contracts. The Court held that the omission of certain Khasra numbers in the plaint was inadvertent and allowed the amendment, affirming that the decree for specific performance could be granted in favor of the plaintiffs for the share of the appellant. The outcome was a reversal of the trial court's dismissal, emphasizing that technicalities should not obstruct justice in contractual disputes.