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february 2006

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 The Court held that once a suit is withdrawn without liberty to file a fresh suit on the same cause of action, the party cannot later seek to revive the same suit or claim specific performance based on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.

JET PLY WOOD PRIVATE LTD. vs MADHUKAR NOWLAKHA . · Niyam