Specific Performance: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement: SC [Read Judgment]

Ashok Kini

10 May 2019 11:58 AM IST

  • Specific Performance: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement: SC [Read Judgment]

    “The plea raised on behalf of the vendor on hardship cannot be permitted to be raised now, more particularly when no such plea was raised/taken in the written statement”

    The Supreme Court has observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is passed against him. Otherwise, such plea cannot be permitted to be raised in a later stage, the bench comprising Justice L. Nageswara Rao and Justice MR Shah said while confirming...

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