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Supreme Court of India 2020-02-12 allowed

Malluru Mallappa (D) thr. Lrs vs Kuruvathappa & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this civil appeal, the Supreme Court considered a suit for specific performance of an agreement that had been dismissed by the trial court on grounds of plaintiff's lack of readiness/willingness and limitation. The High Court dismissed the appeal by a cryptic order without examining the evidence or providing reasons. The Court held that appellate courts must set out points for determination and give reasoned decisions, even when affirming. The Court found the suit was within the prescribed limitation period and remanded for proper consideration, emphasizing that dismissals without reasoned examination of disputed law and fact violate procedural requirements under the CPC.

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Civil Procedure Appellate Practice Specific Performance Limitation Law Judicial Review

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