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february 2008

Supreme Court of India · 2008-02-05

VIMLESH KUMARI KULSHRESTHA vs SAMBHAJIRAO

Citation / case number
SC 2003/12759
Court
Supreme Court of India
Petitioner
VIMLESH KUMARI KULSHRESTHA
Respondent
SAMBHAJIRAO
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

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. The Court clarified that Order XXIII Rule 1 of the CPC does not apply when a second suit is filed during the pendency of the first suit. The Court emphasized that the agreement was not vague and that the subject matter of sale was the entire house, thus allowing the appeal and restoring the trial court's decree.

VIMLESH KUMARI KULSHRESTHA vs SAMBHAJIRAO · Niyam