AIR 2020 SUPREME COURT 3413 ::2020 (5) ABR 110 ::AIROnline 2020 SC 172 ::(2020) 2 Mad LJ 587 ::(2020) 2 Mad LW 777 ::(2020) 4 Pun LR 25 ::(2020) 1 Orissa LR (SC) 735 ::(2020) 2 Rec Civ R 131 ::(2020) 2 Civ LJ 459 ::(2020) 1 KCCR (SN) 53 (SC) ::2020 (3) SCC 311 ::(2020) 1 All RC 538 ::(2020) 3 JCR 250 (SC) ::(2020) 1 CLR 741 ::(2020) 3 ICC 461

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): N. V. Ramana, V. Ramasubramanian , JJ

(A) Civil P.C. (5 of 1908) , S.149— Specific Relief Act (47 of 1963) , S.16(c), S.20— Payment of deficit court-fees - Suit for specific performance - S.149 confers discretion upon Court to allow a person to pay deficit court-fees at any stage - Petitioner filed suit after more than three years of date fixed under agreement of sale only as one for mandatory injunctions, valued same as such and paid court-fee accordingly, but chose to pay proper court-fee after being confronted with application for dismissal of suit - Petitioner cannot take advantage of S.149. (Para 8) (B) Specific Relief Act (47 of 1963) , S.16(c), S.20— Suit for Specific performance - Agreement for purchase of immovable property - Denial of - Unexplained delay of three years in filing suit after issuing legal notice - Person who issues legal notice claiming readiness and willingness, but who institutes a suit after three years and that too only with a prayer for a mandatory injunction carrying a fixed court-fee relatable only to relief, not entitled to discretionary relief of specific performance. (Para 9) .....