AJAIB SINGH versus GURBAX SINGH & ORS.
The High Court was wrong to refuse specific performance on the ground of hardship without deciding whether the claim was barred by limitation; discretion must be exercised on proper principles.
- Parties
- Appellant: Ajaib Singh; Respondents: Gurbax Singh & Ors.
- Jurisdiction
- India
- Judgment Date
- 17 November 1987
- Procedural Posture
- Civil Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 9.7.1986
- Outcome
- Appeal allowed
- Legal Topics
- Specific Performance, Limitation, Discretion in Specific Performance
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Parties
Ajaib Singh
Appellant
Gurbax Singh & Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Judgment Dated 9.7.1986
Legal Issues
- 1 Whether the High Court erred in denying specific performance on account of hardship, without deciding if the claim was barred by limitation
Ratio Decidendi
The High Court was wrong to refuse specific performance on the ground of hardship without deciding whether the claim was barred by limitation; discretion must be exercised on proper principles.
Court Disposition
Appeal allowed
Orders
- Judgment and order of High Court set aside
- Matter remanded to High Court for decision on merits
Full Case Text
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