K. RAHEJA CONSTRUCTIONS LTD. AND ANR. versus ALLIANCE MINISTRIES AND ORS.

K. RAHEJA CONSTRUCTIONS LTD. AND ANR. versus ALLIANCE MINISTRIES AND ORS.

Application for amendment was barred by limitation as petitioners failed to seek relief for specific performance within limitation period; permission for alienation is not condition precedent to seeking specific performance.

Parties
Petitioner: K. Raheja Constructions Ltd.; Respondent: Alliance Ministries
Jurisdiction
India
Judgment Date
01 May 1995
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order
Outcome
Petition dismissed
Legal Topics
Amendment of Plaint, Specific Performance, Limitation
Civil Procedure Contract Law Amendment of Plaint Specific Performance Limitation

Case Brief

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Parties

K. Raheja Constructions Ltd.

Petitioner

Alliance Ministries

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order

Legal Issues

  1. 1 Whether the petitioners can amend the plaint to claim specific performance after expiry of limitation period
  2. 2 Is permission for alienation a condition precedent to the suit for specific performance

Ratio Decidendi

Application for amendment was barred by limitation as petitioners failed to seek relief for specific performance within limitation period; permission for alienation is not condition precedent to seeking specific performance.

Court Disposition

Petition dismissed

Orders

  • Application for amendment barred by limitation
  • Special Leave Petition dismissed