suits for specific perormance of contract

Ladhu Ram Chowdhary (Querist) 15 August 2010 This query is : Resolved
Whether a court is bound to pass decree for specific performance even if thesuit is collusive and is not seriously contested or is admitted by defendant? what precautions must be taken for judicious exercise of discretion?

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s.subramanian (Expert) 15 August 2010
The supreme court has held that even while passing judgement on admissions by the defendant like the one you have suggested now, the discretion has to be exercised carefully and judiciously by the courts. It cannot be passed for the mere asking and just because the defendant is absent or admitting the claim.

Devajyoti Barman (Expert) 15 August 2010
Yes absolutely. The admission merely enable the court not to ask for any proof if it so wants. It does not dispense with further proof altogether. The language is - 'facts admitted may not be proved'.

Y V Vishweshwar Rao (Expert) 16 August 2010
I agree with Lrd Friends !

Decree of Specific Performance of the Suit is judicial Discretion & Satisfaction of the Court. If there is admission of the Defendants,there is no dispute at all. But the other aspects of the suit claim , to be considered to its satisfaction, by the court.

vinjamuri ranga babu (Expert) 16 August 2010
hi,
even it is a collusive suit, not to say as collusice since you are being a legal professional, the decree has to be passed on merits as per the SC guidelines. So, even though whether you admit or collusive what ever may be, the court shall pass on merits.
bye

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