Supreme Court · 2024 INSC 920 · Decided 26 November 2024
Rohit Kochhar v. Vipul Infrastructure Developers LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 920 · [2024] 11 S.C.R. 1289
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 10169/2008
- Decided
- 26 November 2024
- Bench
- J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 16; Transfer of Property Act Section 55; Specific Relief Act Section 22
Headnote
Whether the relief sought by the plaintiff in respect to the suit property can be entirely obtained through the personal obedience of the defendants warranting the application of the proviso to Section 16 of the Code of Civil Procedure, 1908 - Proviso to s.16 - When not applicable - Suit for specific performance of the contract in respect of the suit property situated in Gurugram, filed in the Delhi High Court - Single Judge held that the suit was maintainable in view of proviso to s.16
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