Supreme Court of India · 2008-02-08
B.K. Sri Harsha (D) By L.R. & Anr vs M/S Bharath Heavy Electricals Ltd
- Citation / case number
- AIR 2008 SUPREME COURT 1267
- Court
- Supreme Court of India
- Petitioner
- B.K. Sri Harsha (D) By L.R. & Anr
- Respondent
- M/S Bharath Heavy Electricals Ltd
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the dismissal of First Appeals under Section 96 CPC by the Karnataka High Court was improper as it failed to adequately analyze the triable issues involved in the suits for specific performance. The Court emphasized that in specific performance cases, the readiness and willingness of the plaintiff to perform their part of the contract must be thoroughly examined. The judgment of the High Court was set aside, and the matter was remanded for a proper hearing on the merits of the case.