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Supreme Court of India 2019-04-24 allowed

Hari Steel and General Industries Ltd. & Anr vs Daljit Singh & Ors

Bench: 2 — <UNKNOWN>

In Brief

In this civil appeal arising from a suit for specific performance of an agreement to sell, the Supreme Court set aside the High Court's order granting the plaintiffs a decree on admissions. The defendants (appellants here) had challenged the genuineness of the agreement. The Court held that when the authenticity of a foundational document is genuinely disputed, the court cannot grant summary judgment at the interlocutory stage. The Court clarified that findings on interlocutory applications are confined to those proceedings and do not prejudge substantive trial issues. The matter was remitted to the High Court for trial on merits.

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Specific Performance Contract Law Procedure and Evidence Summary Judgment Agreement to Sell

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