Supreme Court : The court should not grant refund of advance amount in suit for specific performance of contract if it is not prayed specifically during the continuance of proceeding

 In our considered opinion, the law contained under Section 22(2) of the 1963 Act is adequately broad and flexible to allow the appellant to seek an amendment of the plaint for the said relief, even at the appellate stage. However, no such application for an amendment of the plaint was moved either before the trial court or during the course of the first appeal before the High Court. That is to say, the appellant never prayed for the refund of the advance money. Here, it would be redundant to state that the law aids the vigilant, not those who sleep over their rights.

{Para 63}

 E. CONCLUSION

64. For all the foregoing reasons, we have reached the conclusion that theforfeiture of advance money by the respondent nos. 1-4 was justified. In  such circumstances, we are not inclined to grant the relief of refund of advance money to the appellant.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5822 OF 2025

@SPECIAL LEAVE PETITION (CIVIL) NO. 5630 OF 2023

K.R. SURESH Vs R. POORNIMA & ORS.

J.B. PARDIWALA, J.:

Citation: 2025 INSC 617.

Dated: May 02, 2025.

Read full judgment here: Click here.

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