Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings - SC

07 May 2024 8:19 AM

By: Admin

Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law.

Specific Performance – For the purpose of passing a decree for specific performance, readiness and willingness has to be established and proved and that is the relevant consideration for the purpose of passing a decree for specific performance.

Civil Procedure Code, 1908 – First appeals are to be decided after following the procedure to be followed under the CPC.

OCTOBER 04, 2021

Karuppuraj Vs Ganesan