Supreme Court · 2017 INSC 202 · Decided 6 March 2017
MRS. A. Kanthamani v. MRS. Nasreen Ahmed
- Court
- Supreme Court of India
- Citation
- 2017 INSC 202 · [2017] 2 S.C.R. 610
- Case number
- CIVIL APPEAL No. 2714/2008
- Decided
- 6 March 2017
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 16(c); Constitution Article 136; Limitation Act Section 5, 54; Specific Relief Act Section 16(c), 54
Headnote
Specific Performance: Suit - Seeking specific performance of agreement for sale - Suit decreed by courts below - On appeal. plea of defendant inter alia that in absence of seeking declaration that agreement was. bad in law, mere suit for specific performance was not maintainable - Held: the relief of ~pecific performance of agree111ent, 111ust contain all the requirements of s. 16(c) rlw. the requirements contained in Form Nos . ./7 and ./8 of Appendix 'A' of CPC - Plaint should also have necessary pleading satishing the requirement of Art. 5./ of the Limitation Act - Plea
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