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february 2008

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.

B.K. Sri Harsha (D) By L.R. & Anr vs M/S Bharath Heavy Electricals Ltd · Niyam