Search Results Page
Search Results
1 - 7 of 7 (0.80 seconds)Section 26 in The Specific Relief Act, 1963 [Entire Act]
Article 227 in Constitution of India [Constitution]
Puran Ram vs Bhaguram & Anr on 29 February, 2008
The above-said provision does not permit the
plaintiff, who has filed a Suit for specific performance of
agreement to seek direction to the defendants to amend
the Sy. No.63/A/2 instead of Sy. No.63/2A in the
agreement of sale. It is pertinent to mention that if the
case of the plaintiff is that there is mistake in mentioning
correct survey number in the agreement of sale, it is open
to the plaintiff to plead the same in the plaint or seek
amendment of the plaint for such a relief in the suit by
urging the grounds, but the above-said provision does not
give any such right to the plaintiff to seek rectification of
the instrument viz., the agreement of sale by filing an
application under Order VI Rule 17 of CPC. The trial Court
appears to have misunderstood the ratio laid down in
:6:
Puran Ram's case, supra and the same is liable to be
quashed.
The Specific Relief Act, 1963
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Article 226 in Constitution of India [Constitution]
1