Supreme Court · 2002 INSC 503 · Decided 29 November 2002
Pratibha Singh and ANR. v. Shanti Devi Prasad and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 503 · [2002] SUPP. 4 S.C.R. 406
- Case number
- CIVIL APPEAL No. 7891/2002
- Decided
- 29 November 2002
- Bench
- R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 47, 152; Constitution Article 142
Headnote
Code of Civil Procedure, 1908 Ss.47 and 152-Suit for specific performance of contract to sell C immovable property-Failure on part of plaintiff to give specific description of property-Suit decreed-Execution-Omission on part of execution court to insist on compliance of Order 21 r.34(2)-Held, identified, the defect can be cured-A successful plaintiff should not be deprived of fruits of D the decree-A decree of a competent court should not as far as practicable, be allowed to be defeated on account of an accidental slip or omission­ Resort can be had to s.152 or s.47 depending
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