Supreme Court of India · 2006-02-28
JET PLY WOOD PRIVATE LTD. vs MADHUKAR NOWLAKHA .
- Citation / case number
- SC 2005/7872
- Court
- Supreme Court of India
- Petitioner
- JET PLY WOOD PRIVATE LTD.
- Respondent
- MADHUKAR NOWLAKHA .
- Author
- ALTAMAS KABIR H.K.SEMA
- Bench
- ALTAMAS KABIR H.K.SEMA
Judgment text excerpt
The Supreme Court addressed the issue of specific performance of a contract under the Specific Relief Act, 1963, particularly in the context of an agreement for sale that was purportedly cancelled. The Court held that once a suit is withdrawn without liberty to file a fresh suit on the same cause of action, the party cannot later seek to revive the same suit or claim specific performance based on the original agreement. The Court upheld the High Court's decision to restore the original suit for trial, emphasizing the importance of adhering to procedural rules regarding withdrawal of suits.