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Supreme Court of India 2020-02-10 dismissed

Atma Ram vs Charanjit Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Atma Ram sought specific performance of a sale agreement with Charanjit Singh. After issuing a legal notice, he filed suit over three years late, but only for mandatory injunction with court fee valued accordingly. When challenged on the deficiency, he paid additional court fee and sought specific performance. The Supreme Court dismissed the special leave petition, holding that a party cannot use Section 149 CPC's discretionary court fee provisions to retroactively convert a suit for injunction into one for specific performance, particularly when filed long after the contractual deadline and accompanied by deliberate procedural manoeuvres to avoid proper valuation.

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Civil Procedure Specific Relief Act Specific Performance Injunction Court Fees Limitation Discretionary Powers of Court

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