Supreme Court · 1995 INSC 394 · Decided 12 July 1995

N.P. Thirugnanam (D) BY L.RS. v. DR. R. Jagan Mohan Rao and ORS.

Court
Supreme Court of India
Citation
1995 INSC 394 · [1995] SUPP. 2 S.C.R. 53
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 12709/1995
Decided
12 July 1995
Bench
K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Specific Relief Act Section 16(c), 20

Headnote

Code of Civil Procedure, 1908: A B Order 22 Rule 6-Death of a party between conclusion of hearing and pronouncement of judgment-Such judgment and decree-Whether a nu/- C lity-Held: The judgment has the same force and effect as if it were pronounced before the death took place. Specific Relief Act, in accordance with settled principles of law-Continuous readiness and willingness on the part of plaintiff-A condition precedent to the grant of relief of specific perf onnance-Court to take into consideration the conduct of the plaintiff prior and subsequent to the filing of suit along

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