Supreme Court · 1951 INSC 9 · Decided 9 February 1951
Srinivas Ram Kumar v. Mahabir Prasad and Others
- Court
- Supreme Court of India
- Citation
- 1951 INSC 9 · [1951] 1 S.C.R. 277
- Case number
- CIVIL APPEAL No. 82/1949
- Decided
- 9 February 1951
- Bench
- M. PATANJALI SASTRI, MEHR CHAND MAHAJAN, BIJAN KUMAR MUKHERJEA (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
COURT REPORTS SRINIV AS RAM KUMAR "· MAHABIR PRASAD AND OTHERS. [PATANJALI SASTRI, MEHR CHAND MAHAJAN and MuKHERJEA JJ.] Pleadings-Inconsistent pleas-Plaintiff suing for specific performance alleging that money was paid as price-Defendant pleading th.at money was received as no foundation in the pleadings and which the other side was not called upon or had no opportunity to meet, yet, when the alternative· case which the plaintiff could have made was not only admitt~ by the defendant in his written statement but was expressly put forward as an answer to the
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