VidhiSangh

Supreme Court of India · 30/11/2023

ELDECO HOUSING AND INDUSTRIES LIMITED versus ASHOK VIDYARTHI AND OTHERS

[2023] 16 S.C.R. 872 · 2023 INSC 1043

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored a specific-performance suit rejected in review under Order VII Rule 11(d). The defendant’s alleged earlier agreements and refund notice were not part of the plaintiff’s plaint record and could not establish the bar at that stage. On the plaint’s case, the earlier injunction suit preceded crystallisation of the contractual right to specific performance. Maintainability could still be considered appropriately after pleadings.

Issues

  1. Whether material outside the plaint record could establish an Order II Rule 2 bar at the plaint-rejection stage.
  2. Whether the earlier injunction suit necessarily barred the later claim for specific performance.

Provisions considered

Held

Result

Appeal allowed. High Court’s review order rejecting the plaint set aside; trial court directed to proceed with the suit, with liberty to consider maintainability as a preliminary issue if appropriate after pleadings.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 872.