Supreme Court · 2008 INSC 470 · Decided 9 April 2008
Bharat Karsondas Thakkar v. M/S Kiran Construction CO. & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 470 · [2008] 6 S.C.R. 59
- Case number
- CIVIL APPEAL No. 2573/2008
- Decided
- 9 April 2008
- Bench
- A.K. MATHUR, ALTAMAS KABIR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act; Specific Relief Act Section 15, 19
Headnote
59 BHARAT KARSONDAS THAKKAR A II. M/S KIRAN CONSTRUCTION CO. & ORS. (Civil Appeal No. 2573 of 2008) APRIL 9, 2008 B (A.K. MATHUR AND ALTAMAS KABIR, JJ.) Specific Relief Act, 1963: ss. 15 and 19 - Suit for specific performance of agreement - Amendment of plaint seeking declaration that High Court erred in allowing amendment since it completely changed the nature and character of suit from D being a suit for specific performance to one for declaration of title and possession - Besides the party sought to be impleaded is a third party and does not tail within category
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