Supreme Court · 2001 INSC 390 · Decided 23 August 2001
Rachakonda Narayana v. Ponthala Parvathamma and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 390 · [2001] SUPP. 2 S.C.R. 71
- Case number
- CIVIL APPEAL No. 9166/1996
- Decided
- 23 August 2001
- Bench
- V.N. KHARE, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Specific Relief Act Section 12(3)
Headnote
Specific Relief Act, 1963-Sec. 12(3)-Specific performance of a part of contract-Claim for-Plea not raised when the suit was filed but raised only A B at the appellate stage-Defaulting Party's inability to perform whole contract C brought out only at appellate stage-Held, relief of specific Procedure, 1908-Sec. 96-Appeal-Nature and scope of-Held, appeal is a continuation of suit-Appellate court can go into any question relating to rights of parties which a trial court is entitled to. D Practice and Procedure : Plea-Plea regarding.part performance of contract-raising of-Held, could
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