Supreme Court · 2013 INSC 233 · Decided 10 April 2013
S. Kesari Hanuman Goud v. Anjum Jehan & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 233 · [2013] 2 S.C.R. 750
- Case number
- CIVIL APPEAL No. 2885/2005
- Decided
- 10 April 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
CODE OF CIVIL PROCEDURE, 1908: s.96 read with 0. 41, r.31- First appeal before High Court challenging the judgment and decree passed in a suit for specific performance of agreement to sell - High Court holding that the plaintiff was not ready and willing to perform his part 0 Finding recorded by High Court on this issue is perverse being contrary to evidence on record - Further, High Court while deciding the first appeal u/s 96, did not consider all the issues as is required under 0. 41, r.31 - Judgment and decree passed by High Court set aside and E that passed by
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