Supreme Court of India · 2018-04-13
Sucha Singh Sodhi (D) Thr.Lrs. vs Baldev Raj Walia
- Citation / case number
- AIR 2018 SUPREME COURT 2241
- Court
- Supreme Court of India
- Petitioner
- Sucha Singh Sodhi (D) Thr.Lrs.
- Respondent
- Baldev Raj Walia
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellants' suit for permanent injunction under Order VII Rule 11 of the Code of Civil Procedure, 1908, affirming that the proper remedy for the plaintiff, Sucha Singh, was to seek specific performance of the agreement rather than an injunction. The Court noted that Sucha Singh had previously withdrawn his suit with the intention to pursue appropriate relief, which further justified the dismissal. The judgment reinforces the principle that a suit for injunction is not maintainable when a specific performance claim is available.