Supreme Court · 2000 INSC 43 · Decided 1 February 2000
Ram Awadh (Dead) BY LRS. and ORS. v. Achhaibar Dubey and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 43 · [2000] 1 S.C.R. 566
- Case number
- CIVIL APPEAL No. 4955/1999
- Decided
- 1 February 2000
- Bench
- S.P. BHARUCHA, N. SANTOSH HEGDE, RUMA PAL (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Specific Relief Act
Headnote
Specific Relief Act, 1963-Section l16(c}-Suitfor specific perfonnance of an agreement-To aver and prove that person has perfonned or willing to perjonn the cot1tract--Held, any defendant in a suit to contend and establish C that requirements of section 16(c) not complied with-Further such plea can legal repre­ sentatives. 'B' filed a suit for specific performance of an ngreement to sell D property. She did not plead in her plnint that she was ready and ll'illing to perform her part of the agreement but was later introduced in the plaint by way of an amendment. The first appellate court
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