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.