Feb
13
2017


The Supreme Court in the matter of Nidhi Vs Ram Kirpal Sharma Civil Appeal no. 1008 of 2017 decided on 2nd Feb, 2017 that ordinarily, rights of the parties stand crystallized on the date of institution of the suit. However, the court has power to take note of the subsequent events and mould the relief accordingly.

The ordinary Rule of civil law is that the rights of the parties stand crystallised on the date of the institution of the suit and, therefore, the decree in a suit should accord with the rights of the parties as they stood at the commencement of the lis. However, the Court has power to take note of subsequent events and mould the relief accordingly subject to the following conditions being satisfied: (i) that the relief, as claimed originally has, by reason of subsequent events, become inappropriate or cannot be granted; (ii) that taking note of such subsequent event or changed circumstances would shorten litigation and enable complete justice being done to the parties; and (iii) that such subsequent event is brought to the notice of the court promptly and in accordance with the Rules of procedural law so that the opposite party is not taken by surprise. 



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