SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(SC) 983

D.P.MOHAPATRA, S.SAGHIR AHMAD
Balraj Taneja – Appellant
Versus
Sunil Madan – Respondent


judgment.

2. The judgment pronounced under Order 8 Rule 10 must satisfy the requirements of “judgment” as defined in Section 2(9) of the Code.

Judgment

S. Saghir Ahmad, J.-Leave granted.

2. Respondent No. 1, Sunil Madan, filed a suit in the Delhi High Court against the appellants and respondent No. 2 for specific performance of an agreement for sale in respect of property No. W-118, First Floor, Greater Kailash-II, New Delhi. The suit was filed in May, 1996. Summons which were issued to the appellants and respondent No.2 were duly served upon them and in response thereto, they put in appearance before the Court on 20th September, 1996 and prayed for eight weeks’ time to file written statement which was allowed and the suit was adjourned to 22nd of January, 1997. Written Statement was not filed even on that date and an application was filed for further time to file the written statement which was allowed as a last chance and the written statement was directed to be filed by 7th of February, 1997. The suit was fixed for 10th of February, 1997.

3. Since the written statement was still not filed, the Court decreed the suit for specific performance in favour of respondent No. 1 under Order 8



























































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top