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may 2005

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.

Surinder Singh vs Kapoor Singh (Dead) Th. Lrs. & Ors · Niyam