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february 2008

Supreme Court of India · 2008-02-05

Vimlesh Kumari Kulshrestha vs Sambhajirao And Anr

Citation / case number
AIR 2009 SUPREME COURT 806
Court
Supreme Court of India
Petitioner
Vimlesh Kumari Kulshrestha
Respondent
Sambhajirao And Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the trial court's decree for specific performance of a contract under Section 20 of the Specific Relief Act, 1963, and Order XXIII Rule 1 of the Code of Civil Procedure. The Court found that the second suit was maintainable as it was filed during the pendency of the first suit, thus Order XXIII Rule 1 did not apply. The Court reinstated the trial court's decree, emphasizing that the agreement was not vague and the subject matter was the entire house, not a part thereof.

Vimlesh Kumari Kulshrestha vs Sambhajirao And Anr · Niyam