Supreme Court · 1998 INSC 71 · Decided 5 February 1998
Shri Lakhi Ram (Dead) Through LRS. v. Shri Trikha Ram and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 71 · [1998] 1 S.C.R. 705
- Case number
- CIVIL APPEAL No. 1646/1981
- Decided
- 5 February 1998
- Bench
- S.B. MAJMUDAR, M. JAGANNADHA RAO (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act Section 16(c), 34
Headnote
B -< Code of Civil Procedure, I 908: Order 6 Rule 17. Agreement to sell-Jn favour of plaintiff-Specific Performance of-Suit decreed by trial court-Jn appeal, defendants contended that the suit was c barred by S. 16(c) of the Specific Relief Act as the plaintiff did not aver in the plaint that application under 0. 6 R.17 seeking introduction of the , averment regarding his readiness and willingness to perform his part of the contract-Appellate Court allowed the application-Held: Cause of action D centred round inaction on the part of the vendor in complying with the ~ agreement to
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