Law Aids Vigilant, Not Those Who Sleep Over Their Rights: SC

The law aids the vigilant, not those who sleep over their rights, the Supreme Court on Friday said and upheld a high court verdict over a property-related dispute in Bengaluru.

- TDG NETWORK

A bench of Justices J B Pardiwala and R Mahadevan was hearing the issue over the forfeiture of Rs 20 lakh paid as the first tranche of the total sale consideration of a property.

The bench, which elaborated on "earnest money" and "advance money" for being relevant to the matter, said the Karnataka High Court denied the relief of refund of advance money to the appellant as he did not seek an alternative prayer for a refund in the suit.

The top court said it was a settled position of the law that the plaint might be amended at any stage of the proceedings to enable the plaintiff to seek an alternative relief, including that of the refund of earnest money, and the courts were vested with wide judicial discretion to permit such amendments.

It referred to a provision of the Specific Relief Act, 1963 and said the courts couldn't grant such relief suo motu.

The provision of the Act, the bench said, was adequately broad and flexible to allow the appellant to seek an amendment of the plaint for the said relief, even at the appellate stage.