HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR. versus DALJIT SINGH & ORS.

HARI STEEL AND GENERAL INDUSTRIES LTD. & ANR. versus DALJIT SINGH & ORS.

Division Bench of the High Court erred in treating admissions as categorical and unconditional for delivering judgment under Order XII Rule 6 CPC; with serious factual disputes and defence, disposal on admissions is unjustified. Specific performance relief cannot be granted without clear pleading and proof of readiness and willingness.

Parties
Appellant: HARI STEEL AND GENERAL INDUSTRIES LTD.; Respondent: DALJIT SINGH
Jurisdiction
India
Judgment Date
24 April 2019
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order of High Court
Outcome
Appeal allowed; Division Bench judgment of High Court set aside; Single Judge's order restored; application under Order XII Rule 6 CPC dismissed; refund of balance consideration if deposited by respondent-plaintiff.
Legal Topics
Judgment on Admission, Specific Performance, Readiness and Willingness, Order XII Rule 6
Civil Procedure Specific Relief Judgment on Admission Specific Performance Readiness and Willingness Order XII Rule 6

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Parties

HARI STEEL AND GENERAL INDUSTRIES LTD.

Appellant

DALJIT SINGH

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of High Court

Legal Issues

  1. 1 Whether the admissions in the pleadings are categorical and unconditional to deliver judgment under Order XII Rule 6 CPC
  2. 2 Whether the suit for specific performance can be decreed on admissions when serious factual disputes exist
  3. 3 Whether readiness and willingness were properly pleaded and proved for specific performance

Ratio Decidendi

Division Bench of the High Court erred in treating admissions as categorical and unconditional for delivering judgment under Order XII Rule 6 CPC; with serious factual disputes and defence, disposal on admissions is unjustified. Specific performance relief cannot be granted without clear pleading and proof of readiness and willingness.

Court Disposition

Appeal allowed; Division Bench judgment of High Court set aside; Single Judge's order restored; application under Order XII Rule 6 CPC dismissed; refund of balance consideration if deposited by respondent-plaintiff.

Orders

  • Impugned judgment of Division Bench set aside.
  • Single Judge's order restored.