SRINIVAS RAM KUMAR versus MAHABIR PRASAD AND OTHERS

SRINIVAS RAM KUMAR versus MAHABIR PRASAD AND OTHERS

Where the plaintiff’s claim for specific performance failed but the defendant admitted an alternative case (a loan), the court may grant a money decree in favour of the plaintiff on that basis, even if not set up in the plaint or inconsistent with its allegations, provided no injustice results to the defendant and the facts are admitted.

Parties
Appellant: Srinivas Ram Kumar; Respondents: Mahabir Prasad and Others
Jurisdiction
India
Judgment Date
09 February 1951
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Patna High Court Judgment Dated 29th August, 1947, in First Appeal No. 13 of 1945
Outcome
Appeal allowed in part.
Legal Topics
Pleadings, Specific Performance, Restitution, Alternative Relief, Loan
Civil Law Pleadings Specific Performance Restitution Alternative Relief Loan

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Parties

Srinivas Ram Kumar

Appellant

Mahabir Prasad and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Patna High Court Judgment Dated 29th August, 1947, in First Appeal No. 13 of 1945

Legal Issues

  1. 1 Whether a decree for recovery of money can be passed in favour of the plaintiff on the basis of the defendant’s plea, even when such a case was not pleaded by the plaintiff and may be inconsistent with the plaint’s allegations.

Ratio Decidendi

Where the plaintiff’s claim for specific performance failed but the defendant admitted an alternative case (a loan), the court may grant a money decree in favour of the plaintiff on that basis, even if not set up in the plaint or inconsistent with its allegations, provided no injustice results to the defendant and the facts are admitted.

Court Disposition

Appeal allowed in part.

Orders

  • Claim for specific performance dismissed.
  • Plaintiff entitled to a money decree for Rs. 30,000 against the second party defendants with interest at 4% per annum from September 1, 1943, to date of realisation.