Supreme Court · 1989 INSC 383 · Decided 13 December 1989
Gajanan Jaikishan Joshi v. Prabhakar Mohanlal Kalwar
- Court
- Supreme Court of India
- Citation
- 1989 INSC 383 · [1989] SUPP. 2 S.C.R. 474
- Case number
- CIVIL APPEAL No. 1638/1987
- Decided
- 13 December 1989
- Bench
- E.S. VENKATARAMIAH, M.H. KANIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 16(c), 16
Headnote
JAIKISHAN JOSHI v. PRABHAKAR MOHANLAL KALWAR DECEMBER 13, 1989 B [E.S. VENKATARAMIAB, CJ. AND M.H. KANIA, J.) Civil Procedure Code, 1908: Order VI Rule 17-P/aint­ Amendment of-When to be permitted. Specific Relief Act, 1963: Section 16(c)-Suit for specific per­ C formance-Amendment of property. Since the respondent failed to execute the registered sale-deed, the appellant filed a suit. D There was no specific averment in the suit that the appellant was and had always been ready and willing to perform bis part of the agreement. Respondent contended inter-alia that the suit was
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