Specific Performance: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement

14
05/2019

Specific Performance: Plea Of Hardship Cannot Be Raised If Not Pleaded In Written Statement

In CIVIL APPEAL NOS. 4537­4538 OF 2017, BEEMANENI MAHA LAKSHMI vs GANGUMALLA APPA RAO, 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.

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