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april 2018

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 The Court noted that Sucha Singh had previously withdrawn his suit with the intention to pursue appropriate relief, which further justified the dismissal.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.

Sucha Singh Sodhi (D) Thr.Lrs. vs Baldev Raj Walia · Niyam